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Patna High CourtCR. MISC./31891/2023bail granted

Hari Kishun Ram v. The State Of Bihar

2023-07-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31891 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

HARI KISHUN RAM Son of Late Kundan Ram R/o Village - Majuraha, P.S.- Turkauliya (Raghunathpur O.P.), District - East Champaran 2.

Sunita Devi Wife of Hari Kishun Ram R/o Village - Majuraha, P.S.- Turkauliya (Raghunathpur O.P.), District - East Champaran 3.

Lalsa Devi Wife of Bhabhichhan Ram R/o Village - Majuraha, P.S.- Turkauliya (Raghunathpur O.P.), District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

All the F.I.R. named accused persons including these petitioners, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.31891 of 2023(2) dt.13-07-2023 2/3 Petitioners are father-in-law, mother-in-law and co-wife (Sautan) of the deceased, respectively. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no concern with the death of the deceased. Petitioner no.2 has one criminal antecedent, whereas petitioner nos. 1 & 3 have no criminal antecedent as mentioned in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not deserve anticipatory bail.

Having regard to the facts and circumstances of the case, as there is no specific overt act 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 lower Court where the case is pending/successor Court in connection with Turkauliya (Raghunathpur O.P.) P.S. Case No.

Patna High Court CR. MISC. No.31891 of 2023(2) dt.13-07-2023 3/3 78 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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