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Patna High CourtCR. MISC./40285/2021allowed

Bagar Rai v. The State Of Bihar

2022-03-21Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40285 of 2021 Arising Out of PS. Case No.-127 Year-2018 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

BAGAR RAI S/O DUDHRAJ RAI R/o village- Mangalpur Husaini, P.O.- Hussaini, P.S.- Dumariya Ghat, District- East Champaran at Motihari 2.

Anwari Devi W/o Bagar Rai R/o village- Mangalpur Husaini, P.O.- Hussaini, P.S.- Dumariya Ghat, District- East Champaran at Motihari 3.

Lalan Rai @ Lalan Kumar Yadav S/o Bagar Rai R/o village- Mangalpur Husaini, P.O.- Hussaini, P.S.- Dumariya Ghat, District- East Champaran at Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Bhushan Kumar Manglam For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertake to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioners apprehend their arrest in a case in connection with Dumariya Ghat P.S. Case No.127 of 2018, registered for the offence punishable under Sections 304(B), 201/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.40285 of 2021(2) dt.21-03-2022 2/3 The allegation against the petitioners is of killing the grand daughter of the informant due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that 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. Petitioners are the in-laws of the deceased. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that the grand daughter of the informant died of heart ailment. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners, 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

Patna High Court CR. MISC. No.40285 of 2021(2) dt.21-03-2022 3/3 in connection with Dumariya Ghat P.S. Case No.127 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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