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Patna High CourtCR. MISC./29805/2022allowed

Maina Devi @ Maina Kunwar v. The State Of Bihar

2022-09-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29805 of 2022 Arising Out of PS. Case No.-486 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Maina Devi @ Maina Kunwar Wife Of Late Dadan Prasad R/O Village - Jagdishpur (Sutrahati Gali), P.S.- Jagdishpur, District - Bhojpur. 2.

Seema Devi @ Seema Daughter Of Late Dadan Prasad W/O Sri Ajay Kumar, R/O Village - Jagdishpur (Sutrahati Gali), P.S.- Jagdishpur, District - Bhojpur.

3.

Nitu Devi Wife Of Sri Sanjiv Ranjan @ Bhuwar Kumar R/O Village - Jagdishpur (Sutrahati Gali), P.S.- Jagdishpur, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Kumar Pathak For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 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 three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 326, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act and converted Section 304B of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are the in-laws of the

Patna High Court CR. MISC. No.29805 of 2022(2) dt.08-09-2022 2/2 deceased. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no specific overt act against the petitioners. He submits that the said incident took place while she was lonely making tea in the kitchen where she got fire burn injury due to gas leakage. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Jagdishpur P.S. Case No. 486 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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