Komal Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24278 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== 1.
KOMAL RANJAN WIFE OF PRAMOD KUMAR RESIDENT OF VILLAGE- KISHUNPUR TELAUR, PS- PATEPUR, DISTT- VAISHALI 2.
PRAMOD KUMAR SON OF RAMPRIT RAY RESIDENT OF VILLAGEKISHUNPUR TELAUR, PS- PATEPUR, DISTT- VAISHALI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP For the Informant :
Mr. A.K. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard Mr. Mrityunjay Kumar, learned counsel for the petitioners, Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor for the State along with Mr. A.K. Mishra, learned counsel appearing for the informant.
2. Petitioners apprehend their arrest in connection with Patepur PS Case No. 292/2022 dated 08.11.2022 registered for the offence punishable under Sections 304(B)/34 of the IPC.
3. The petitioners, who are brother-in-law and sisterin-law (Gotni) of the deceased, have been made accused in the FIR lodged by the informant stating therein that the informant's daughter was married to one Abhishek Kumar about one year back and after marriage, the accused persons including the petitioners started demanding a sum of Rs. 5 Lacs as dowry and
Patna High Court CR. MISC. No.24278 of 2023(2) dt.07-07-2023 2/3 due to non fulfillment of the demand of dowry, the daughter of the informant was tortured and killed by pressing her neck.
4. Learned counsel for the petitioners submits that the allegations against the petitioners are general and omnibus in nature and all the family members have been made accused in the present FIR. He further submits that the petitioners are separated from the joint family and have been residing in Hajipur. He next submits that the husband of the deceased has already surrendered and at present he is in custody.
5. Learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that within one year of the marriage for non fulfillment of demand of dowry, the informant's daughter has been killed in her matrimonial home by all the accused persons.
6. Regards being had to the submissions made by the parties, taking into consideration the generality of the allegation made in the FIR and the fact that the petitioners are relatives i.e., brother-in-law and sister-in-law of the deceased residing separately and the husband of the of the deceased is in custody, I am inclined to grant anticipatory bail to the petitioners.
7. Accordingly, let the petitioners, named above, in the event of arrest or surrender within four weeks from today, be
Patna High Court CR. MISC. No.24278 of 2023(2) dt.07-07-2023 3/3 released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur PS Case No. 292/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T