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Patna High CourtCR. MISC./18590/2022allowed

Bijali Devi v. The State Of Bihar

2022-09-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18590 of 2022 Arising Out of PS. Case No.-396 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== 1.

Bijali Devi W/O- Madan Baitha R/O Village- Sankhi, P.S.- Riga, DistrictSitamarhi 2.

Runa Devi W/O- Raja Baitha R/O Village- Rampur Barahi, P.S.- Riga, District- Sitamarhi 3.

Raja Baitha Son Of Ramnath Baitha R/O Village- Rampur Barahi, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegedly, it is a case of dowry death of the deceased due to non-fulfilment of dowry demand by the in-laws of the deceased.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the deceased herself committed suicide and

Patna High Court CR. MISC. No.18590 of 2022(2) dt.27-09-2022 2/2 it is astonished fact that the responsibility is fixed upon the husband of the deceased which is not named in this case as an accused. Petitioners are in-laws of the deceased and they have no concern with the mess and business of the deceased and her husband. He further submits that from perusal of the impugned order, it appears that good sense has prevailed between the parties. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi in connection with Riga P.S. Case No. 396 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U