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Patna High CourtCR. MISC./23854/2024allowed

Upendra Singh @ Upendra Rai v. The State Of Bihar

2024-06-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23854 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- PIPRIYA District- Lakhisarai ====================================================== 1.

Upendra Singh @ Upendra Rai S/o Late Satyanarayan Singh @ Satya Narayan Ray R/o Village Kanharpur PS Pipariya District Lakhisarai 2.

Krishna Devi W/o Upendra singh @ Upendra Ray R/o Village Kanharpur PS Pipariya District Lakhisarai 3.

Chhoti Kumari D/o Upendra Singh @ Upendra Ray R/o Village Kanharpur PS Pipariya District Lakhisarai 4.

Kalpana Kumari @ Kalpana Devi W/o Ghutus Singh R/o vill - Loshghani, P.S.- Abhaypur, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shanker Singh For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Pipariya P.S. Case No. 81 of 2023 registered for the offence under Sections 304B/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the petitioners along with others used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 22.6.2023, the informant came to know that his daughter was committed murder.

Patna High Court CR. MISC. No.23854 of 2024(3) dt.21-06-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are in-laws 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. The husband of the petitioner is already in custody upon whom, it was his responsibility to keep his wife well. It is further submitted that after completion of the investigation, petitioners were not sent up for trial. Moreover, the petitioners have got no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Pipariya P.S. Case no. 81 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.23854 of 2024(3) dt.21-06-2024 3/3 Magistrate, Lakhisarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T