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Patna High CourtCR. MISC./27016/2022allowed

Maheshwar Ray v. The State Of Bihar

2022-09-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27016 of 2022 Arising Out of PS. Case No.-505 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

MAHESHWAR RAY Son of Parmeshwar Ray Resident of Village - Bikrampur Bande, P.s.- Samastipur Muffasil, Distt.- Samastipur. 2.

Urmila Devi W/o Parmeshwar Ray Resident of Village - Bikrampur Bande, P.s.- Samastipur Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B)/34 IPC and section 3, 4 of D.P. Act.

Allegedly, the sister of the informant has been killed by the petitioners and other accused persons, due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.27016 of 2022(2) dt.01-09-2022 2/2 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. Petitioners are the in-laws of the deceased and husband of the deceased has been granted regular bail by a co-ordinate Bench of this Court vide order dated 23.12.2021 passed in Cr. Misc. No.32393 of 2021. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for 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 connection with Muffasil P.S. Case No.505 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T