Maheshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25584 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- PHENHARA District- East Champaran ====================================================== 1.

Vifmala Devi @ Dipmala Devi Wife Of Shivji Sahani Resident Of Village Mankerwa, Ward No 3, Ps- Fenhara , Distt- East Champaran 2.

Shivji Sahani Son Of Govind Sahani @ Govin Sahani Resident Of Village Mankerwa, Ward No 3, Ps- Fenhara , Distt- East Champaran 3.

Guddu Sahani Son Of Govind Sahani @ Govin Sahani Resident Of Village Mankerwa, Ward No 3, Ps- Fenhara , Distt- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26610 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- PHENHARA District- East Champaran ====================================================== 1.

Maheshwari Devi Wife Of Govind Sahani @ Govin Sahani R/V- Mankerwa Ward No. 3, Ps- Fenhara, Dist- East Champaran 2.

Govind Sahani @ Govin Sahani Son Of Late Janak Sahani R/V- Mankerwa Ward No. 3, Ps- Fenhara, Dist- East Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 25584 of 2023) For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan (In CRIMINAL MISCELLANEOUS No. 26610 of 2023) For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this

Patna High Court CR. MISC. No.25584 of 2023(2) dt.12-07-2023 2/3 common order.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.

As per the prosecution case, the petitioners along with other accused persons, under criminal conspiracy, have committed murder of the informant's daughter due to nonfulfillment of dowry demand. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He submits that the petitioners are in-laws and family members of the deceased. The husband of the deceased is already in judicial custody as stated in para-10 of the bail application. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.25584 of 2023(2) dt.12-07-2023 3/3 case and the fact that there is no specific overt act against the petitioners, 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 lower Court where the case is pending/successor Court in connection with Fenhara P.S. Case No.205 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T