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Patna High CourtCR. MISC./17481/2023allowed

Renu Devi v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17481 of 2023 Arising Out of PS. Case No.-853 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Renu Devi Wife Of Surendra Sah Resident Of Village- Manikpur, PsSaraiya, District- Muzaffarpur 2.

Surendra Sah Son Of Ram Vilash Sah Resident Of Village- Manikpur, PsSaraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Saraiya P.S. Case No. 853 of 2022 registered for the offence under Section 304B of the Indian Penal Code and Section 3, 4 of the D.P. Act.

The prosecution case, in brief, is that the petitioners along with his family members used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 18.11.2022 the informant came to know that his daughter has been killed. Thereafter, this present FIR has been lodged.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.17481 of 2023(2) dt.12-05-2023 2/2 petitioners are innocent and have committed no offence. The petitioners are father-in-law & mother-in-law of the deceased due to which they have falsely been implicated in the present case. The petitioners have no concern mess and business of the deceased as well as her husband and live separately from them. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. Moreover, the petitioners are languishing in judicial custody since 19.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Saraiya P.S. Case No. 853 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T