Kakulti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22511 of 2022 Arising Out of PS. Case No.-285 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== 1.

KAKULTI DEVI WIFE OF RAM BILASH ROY R/O VILLAGESONPATAHI, P.S.- BABUBARHI, DISTRICT- MADHUBANI 2.

BISHWANATH ROY @ BISHWNATH ROY SON OF RAM BILASH ROY R/O VILLAGE-SONPATAHI, P.S.- BABUBARHI, DISTRICTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv For the Opposite Party/s :

Mr. H.A. Khan, APP Mr. Md. Matloob Rab, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-11-2022 Heard the parties.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 302, 304(B)/34 of the Indian Penal Code.

Allegedly, the petitioners in association with other family members tortured the deceased on account of demand for dowry. It is further alleged that the informant got information over phone that her daughter has committed suicide. The informant is confident that the in-laws of the deceased has killed

Patna High Court CR. MISC. No.22511 of 2022(4) dt.01-11-2022 2/3 her.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the mother-inlaw and petitioner no.2 is the brother-in-law of the deceased. The husband of the deceased is already in judicial custody. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Babubarhi P.S. Case No.285 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.22511 of 2022(4) dt.01-11-2022 3/3 However, learned court below is directed to accept the bail bond of the petitioners after verifying whether the husband of the deceased is in judicial custody or not. (Anjani Kumar Sharan, J) shikha/- U T