Mukesh Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29814 of 2024 Arising Out of PS. Case No.-266 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

Mukesh Sao Son of Suresh Sao Resident of Village - Varma, P.S. - Kutumba, District - Aurangabad 2.

Shweta Devi Wife of Mukesh Sao Resident of Village - Varma, P.S. - Kutumba, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Tribhuwan Naraya, Advocate Ms. Mukul Kumari, Advocate For the State :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

3. It is a case of "dowry death". As per prosecution case, it is alleged that marriage of daughter of informant was solemnized with co-accused Yogesh Sao on 22.04.2016 and thereafter, she was subjected to torture and harassment for dowry and due to non-fulfillment of demand of dowry, all the accused persons, including these petitioners, committed murder of daughter of informant.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.29814 of 2024(4) dt.26-10-2024 2/3 that Petitioner No. 1 is brother-in-law and Petitioner No. 2 is sister-in-law of the deceased. Petitioners are victim of over implication. There is no specific allegation of demand of dowry or torture. They are separate in mess & property and have got no concern with the affairs of the deceased and her husband. It is further submitted by learned counsel appearing on behalf of the petitioners that thrust of accusation is against husband of the deceased, who is already in custody since 29.09.2024. Petitioners claim clean antecedents.

5. 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, clean antecedents of the petitioner and the fact that husband of deceased is already in custody, 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 amount each to the satisfaction of learned C.J.M., First Class, Aurangabad, in connection with Kutumba P.S. Case No. 266 of

Patna High Court CR. MISC. No.29814 of 2024(4) dt.26-10-2024 3/3 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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