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Patna High CourtCR. MISC./31549/2023allowed

Suresh Shaw v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31549 of 2023 Arising Out of PS. Case No.-52 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== 1.

SURESH SHAW s/o DHEERAJ KUMAR Resident of Village Bhatkaul P.S. Belshand District Sitamarhi 2.

Shakuntala Devi w/o Suresh Shaw Resident of Village- Bhatkaul P.S. Belshand, District Sitamarhi 3.

Indrasan Devi w/o Shambhu Sah Resident of Village- Chandauli P.S. Belshand, District Sitamarhi 4.

Shambhu Sah s/o Lakhan Sah Resident of Village Chandauli P.S. Belshand District Sitamarhi ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Deo For the Opposite Party/s :

Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 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 Section 304B of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. All the F.I.R. named persons including these petitioners are said to have killed the daughter of the informant on non-fulfillment of dowry demand.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.31549 of 2023(2) dt.17-07-2023 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. Petitioners are in-laws and family members of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that during the trial the father, mother and brother of the deceased have been examined but they have not supported the case of the prosecution. The husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. 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 lower Court where the case is pending/successor Court in connection with Ramkrishna Nagar P.S. Case No.52 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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