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Patna High CourtCR. MISC./18187/2025bail granted

Sapna Kumari v. The State Of Bihar

2025-03-26Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18187 of 2025 Arising Out of PS. Case No.-442 Year-2023 Thana- MOKAMAH District- Patna ====================================================== 1.

Sapna Kumari W/O Kundan Kumar Resident of Village- Sishoni, P.S.- Mokama, District- Patna.

2.

Anandi Mahto @ Anandeshwar Mahto S/O Yugal Kishor Mahto Resident of Village- Sishoni, P.S.- Mokama, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Kumar S/O Naresh Kumar R/O Ward No. 17, Patel Nagar, Lakhisarai, P.S and Distt.- Lakhisarai, Pin- 811311.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Mukund Kumar, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-03-2025 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.

3. It is a case of dowry death. As per prosecution case, it is alleged that these petitioners, along with other accused persons named in the F.I.R., killed sister of informant due to non-fulfillment of demand of dowry.,

4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. Petitioners have falsely been implicated in this case merely

Patna High Court CR. MISC. No.18187 of 2025(2) dt.26-03-2025 2/3 because Petitioner No. 1 happens to be Gotni (sister-in-law) and Petitioner No. 2 happens to be father-in-law of the deceased. Petitioners are victim of over implication. There are general and omnibus allegations and there is no specific allegation of demand of dowry or torture against these petitioners. Petitioners are separate in mess & property and have got no concern with the affairs of the deceased and her husband. It is further submitted that there was a quarrel between the couple due to which the deceased committed suicide. Thrust of accusation is against husband of the deceased who is already in custody Petitioners claim clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners..

6. Considering the aforesaid facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.18187 of 2025(2) dt.26-03-2025 3/3 amount each to the satisfaction of learned District and Additional Sessions Judge-V, Barh in connection with Mokama P.S. Case No. 442 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T