Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55061 of 2024 Arising Out of PS. Case No.-770 Year-2022 Thana- MASAUDHI District- Patna ====================================================== 1.

Ajeet Kumar S/O Late Vishnu Lal Resident of Village-Sikatiya Taranpur, Alinagar District-Chandauli, Uttar Pradesh 2.

Lali Devi @ Shalani Devi Wife of Ajeet Kumar Resident of Village-Sikatiya Taranpur, Alinagar District-Chandauli, Uttar Pradesh 3.

Manju Devi Wife of Late Vishnu Lal Resident of Village-Sikatiya Taranpur, Alinagar District-Chandauli, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Nath Pandey For the State :

Mr. Mohammed Arif For the Informant :

Mr. Gajendra Nath Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2.

In this case, the petitioners are apprehending their arrest in connection with Masaurhi P.S. Case No. 770 of 2022, registered for the offences under Section 306 of the Indian Penal Code.

3.

As per prosecution case, the daughter of the informant committed suicide in her parental home and the allegations against the petitioners, who are in-laws of the deceased and accused husband is that of demanding of four wheeler car as dowry and torture and assault on this account.

Patna High Court CR. MISC. No.55061 of 2024(3) dt.13-09-2024 2/3 4.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioners are brother-in-law and sister-in-law of the deceased respectively. The allegation of demanding dowry and instigating daughter of the informant for committing suicide is false, concocted and not believable. The deceased was under depression and she was staying in the house of informant where she committed suicide. There is nothing on record either to show instigation or abetment by the petitioners or making demand of dowry or torture related to. The F.I.R. is registered after much delay. The occurrence is of 10.09.2022 and F.I.R. was registered on 16.11.2022. Petitioners are having clean antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposes the prayer for anticipatory bail. Learned counsel for the informant submits that case has been u/s 304B of the Indian Penal Code. He further submits that the deceased committed suicide due to torture and false instigation of the petitioners.

6.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and considering further possibility

Patna High Court CR. MISC. No.55061 of 2024(3) dt.13-09-2024 3/3 of false accusation, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Twenty thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Masaurhi/concerned court in connection with Masaurhi P.S. Case No. 770 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ranjeet/- U T