← Library
Patna High CourtCR. MISC./44230/2021bail granted

Kanti Kunwar @ Kanti Kumari @ Kunti Kunwar @ Kanti Devi v. The State Of Bihar

2021-12-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44230 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- DANAPUR District- Patna ====================================================== 1.

Kanti Kunwar @ Kanti Kumari @ Kunti Kunwar @ Kanti Devi W/o Late Chunnu Sao @ Chuntu Sao Resident of Mohalla- Jhakdi, Mahadeo, Dr. R.K. Chaubey Lane, Gola Road, Police Station- Danapur, District- Patna. 2.

Anand Kumar Son of Late Chunnu Sao @ Chuntu Sao Resident of MohallaJhakdi, Mahadeo, Dr. R.K. Chaubey Lane, Gola Road, Police StationDanapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Informant :

Mr. Ram Niwas Prasad, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners seek regular bail in connection with Danapur P.S. Case No. 174 of 2021 instituted for the offences under Sections 304(B) and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are in custody since 05.03.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

Learned counsel for the petitioners submits that informant in the F.I.R. alleges that his daughter was married to

Patna High Court CR. MISC. No.44230 of 2021(2) dt.14-12-2021 2/3 Santosh Kumar on 14.02.2019, after marriage family members of the husband, including the petitioners, were demanding dowry of Rs. 5 lakhs and on non-fulfillment of the same, she was killed by strangulation.

Learned counsel for the petitioners submits that the petitioner no. 1 is the mother-in-law and petitioner no. 2 is the brother-in-law and from perusal of the allegation as alleged in the F.I.R. it would manifest that the same are general and omnibus in nature. Learned counsel further submits that the husband of the deceased is in custody and the petitioners were separate in mess and property with husband of the deceased. Learned counsel for the informant and learned A.P.P. for the State vehemently oppose the prayer for regular bail of the petitioners. Learned counsel for the informant submits that for non-fulfillment of dowry demand, the daughter of the informant was killed.

Considering the fact that the petitioners are in custody since 05.03.2021, charge-sheet has been submitted in the case, the petitioners are persons with clean antecedent and are mother-in-law and brother-in-law of the deceased, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two

Patna High Court CR. MISC. No.44230 of 2021(2) dt.14-12-2021 3/3 sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur, Patna in connection with Danapur P.S. Case No. 174 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T