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Patna High CourtCR. MISC./33049/2024bail granted

Manju Devi v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33049 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Manju Devi Daughter of Jayshri Baitha and Wife of Shyam Bahadur Rajak Resident of Village- Nauranga, P.S- G.B. Nagar , Dist- Siwan 2.

Jayshri Baitha Son of Late Sundar Baitha Resident of Village- Nauranga, P.S- G.B. Nagar , Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in G.B. Nagar P.S. case No. 328 of 2023 registered under Sections 304B and 34 of the Indian Penal Code.

3. The prosecution case, in short, is the accused persons including the petitioners committed torture and thereafter done to death at her matrimonial home on account of non-fulfillment of demand of dowry.

4. It has been submitted on behalf of the petitioners that the petitioners are innocent and have falsely been implicated in the present case. The petitioner No. 1 is married

Patna High Court CR. MISC. No.33049 of 2024(2) dt.29-04-2024 2/3 sister-in-law (nanad) and petitioner No. 2 is father-in-law of the deceased. They are separate in mess and property from the husband of the deceased. The husband of the deceased is in custody as has been mentioned in paragraph 17 of the bail application. It is submitted that after the occurrence, information regarding the death of the daughter of the informant was given to the informant. The petitioners have got no concerned with the alleged occurrence. No specific allegation is alleged against the petitioners. Co-accused persons namely Puja Devi and Ravi Baitha, against whom specific allegation was made, have been granted regular bail by this Bench vide order dated 02.04.2024 passed in Cr. Misc. No. 23201 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with G.B. Nagar P.S. case

Patna High Court CR. MISC. No.33049 of 2024(2) dt.29-04-2024 3/3 No. 328 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Pankaj/- U T