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Patna High CourtCR. MISC./31433/2022allowed

Munni Devi v. The State Of Bihar

2022-09-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31433 of 2022 Arising Out of PS. Case No.-581 Year-2021 Thana- MANER District- Patna ====================================================== 1.

MUNNI DEVI Wife of Rajkumar Rajak Resident of Village-Lodipur, Police Station-Maner, District-Patna.

2.

Raj Kumar Rajak Son of Late Kishori Rajak Resident of Village-Lodipur, Police Station-Maner, District-Patna.

3.

Deepak Rajak Son of Raj Kumar Rajak Resident of Village-Lodipur, Police Station-Maner, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Baljit Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304 (B)/34 of the IPC. Allegedly, all the FIR named accused persons including the petitioners are said to have committed murder of informant's daughter due to non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.31433 of 2022(2) dt.13-09-2022 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case with ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is mother-in-law, petitioner no.2 is father-in-law and petitioner no.3 is brother-in-law of the deceased. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let them, 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 in connection with Maner P.S. Case No.581 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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