Swaminath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39619 of 2024 Arising Out of PS. Case No.-173 Year-2023 Thana- MANJHI District- Saran ====================================================== 1.

Swaminath Sah Son of late Chhtu Sah R/O Vill.- Sughar Chapra, P.S.- Manjhi, Dist.- Saran 2.

Asha Devi Wife Of Swaminath Sah R/O Vill.- Sughar Chapra, P.S.- Manjhi, Dist.- Saran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Tiwary For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

3. As per the prosecution case, it is alleged that the petitioners along with other co-accused persons have committed murder of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.39619 of 2024(2) dt.10-07-2024 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are in-laws of the deceased. He further submits that the husband of the deceased has surrendered before the learned Court below on 04.06.2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the 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 Manjhi P.S. Case No.173 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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