Patna High Court/30824/2023bail granted

Shandhaya Kumari v. The State Of Bihar

2023-07-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30824 of 2023 Arising Out of PS. Case No.-70 Year-2020 Thana- MAKER District- Saran ====================================================== 1.

SHANDHAYA KUMARI D/o- Satya Narayan Rai R/v- Nandan Kaituka PsMaker Dist- Saran 2.

Sindhu Devi wife of Jitendra Rai, D/o- Satya Narayan Rai R/v- Bangari PsGarakha Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kr. Srivastava,adv For the State :

Mr. Sunil Kumar Pandey, Addl. Public Prosecutor For the Informant :

Mr. Jeetendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 304 (B), of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act and 27 of the Arms Act.

3. It is a case of dowry death.

4. It is submitted that Petitioner no. 1 is an unmarried Nanad of the deceased and the petitioner no.2 is the married Nanad of the deceased. It is further submitted that these petitioners are innocent and have falsely been implicated in this case. They are separate in mess and business. Thrust of

Patna High Court CR. MISC. No.30824 of 2023(2) dt.20-07-2023 2/2 allegation is against the husband of the deceased who is already in custody 14.03.2022. Allegation is general and omnibus in nature. Petitioners claim clean antecedent.

5. Learned counsel for the State and informant vehemently opposes the bail petition.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 the Learned J.M. First Class, Saran at Chhapra in connection with Maker P.S. Case No. 70 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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