Manoj Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31188 of 2023 Arising Out of PS. Case No.-691 Year-2022 Thana- GARKHA District- Saran ====================================================== 1.
MANOJ RAY son of Late Indradeo Ray Village- Akhtiyarpur Ps- Garkha, Dist- Saran 2.
Vinay Ray son of Late Indradeo ray Village- Akhtiyarpur Ps- Garkha, DistSaran 3.
Dulari Kuwar wife of Late Indradeo Ray Village- Akhtiyarpur Ps- Garkha, Dist- Saran 4.
Purna Devi @ Purnima Devi wife of Manoj Ray Village- Akhtiyarpur PsGarkha, Dist- Saran 5.
Usha Devi wife of Ganesh Ray , D/o- Late Indradeo Ray Village- Jhawa Tola Ps- Dariyapur Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ankur Prakash Sinha, Advocate :
Piyush Saurav, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 120(B) and 34 of the Indian Penal Code.
3. The informant alleges that his daughter was married to Sanjay in the year 2011, further for non-fulfillment of dowry demand of Rs. 2,00,000/- the accused persons including the petitioners killed her and concealed the body for erasing
Patna High Court CR. MISC. No.31188 of 2023(2) dt.28-07-2023 2/3 evidence.
4. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 2 to 5 are women and have been falsely implicated in the present case, it is next submitted that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion, it is next submitted that the marriage was performed in the year 2011 of the daughter of the informant with Sanjay, but in these 11 years no complaints ever came to be made either by the deceased or by the informant regarding dowry or torture, it is further submitted that the body till date has not been recovered and the victim was in habit of leaving the house and going away. The learned counsel for the petitioners further submits that out of the wedlock four children were born and the youngest is just six months old. It is next submitted that petitioners being family members of Sanjay have been falsely implicated in the present case with general and omnibus allegation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.31188 of 2023(2) dt.28-07-2023 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Garkha P.S. Case No. 691 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) GauravSinha/- U T