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Patna High CourtCR. MISC./39533/2024bail granted

Sunita Devi v. The State Of Bihar

2024-09-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39533 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- Kharagpur District- Munger ====================================================== 1.

Sunita Devi W/o Suresh Yadav Resident of Village Laliyadih, P.S.-Haveli Kharagpur, District-Munger 2.

Suresh Yadav S/o Late Bito Yadav Resident of Village Laliyadih, P.S. Haveli Kharagpur, District Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar, Adv.

For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Haveli Kharagpur (Shampur O.P.) P.S. Case No. 06 of 2024 registered under Sections 304(B), 498A, 504, 506, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. It is a case of dowry death.

4. As per prosecution case, informant solemnized the marriage of her daughter with co-accused Amit Kumar @ Sumit Raj in the year 2022. After marriage, the husband and in laws of informant's daughter demanded Rs. 5 lakhs and due to non-

Patna High Court CR. MISC. No.39533 of 2024(4) dt.18-09-2024 2/3 fulfillment of the same, she was tortured and ill treated. It is further alleged that on 02.01.2024, all the F.I.R. named accused persons including these petitioners committed murder of the daughter of informant.

5. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners are mother-in-law and father-in-law of the deceased respectively. Petitioners are victims of over implications. They are separate in mess and property and have never tortured the deceased and demanded any dowry. Thrust of accusation is against husband of the deceased, who is already in custody. Petitioners have got no criminal antecedent.

6. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.

7. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Haveli

Patna High Court CR. MISC. No.39533 of 2024(4) dt.18-09-2024 3/3 Kharagpur (Shampur O.P.) P.S. Case No. 06 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T