Parmeshwar Patel @ Parmeshwar Singh @ Parmeshwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40898 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

PARMESHWAR PATEL @ PARMESHWAR SINGH @ PARMESHWAR Son of Late Sigasan Patel Resident of Village- Khajuria, P.S.- Sidhwaliya, District- Gopalganj.

2.

SANI KAPOOR @ SAMI KAPOOR Son of Parmeshwar Patel Resident of Village- Khajuria, P.S.- Sidhwaliya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioners and Sri Ashok Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Sidhwaliya PS case no. 94 of 2020 registered for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code.

The allegation is regarding the deceased victim lady having been killed by the accused persons on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioners has submitted that the main accused is the husband of the deceased victim lady who has already surrendered before the learned

Patna High Court CR. MISC. No.40898 of 2020(2) dt.22-11-2021 2/3 court below, whereafter the mother-in-law of the deceased victim lady has been granted bail by a co-ordinate Bench of this Court vide order dated 15.03.2021, passed in Cr. Misc. no. 30243 of 2020. It is further submitted that petitioner no. 1 is the father-in-law of the deceased victim lady and petitioner no. 2 is the brother-in-law of the deceased victim lady, who are having clean antecedent and are in fact not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer of bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the fact that the husband of the deceased victim lady is already behind bars and a general and omnibus allegation has been levelled against the petitioners herein, apart from the fact that the mother-in-law of the deceased victim lady has already been granted bail, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.40898 of 2020(2) dt.22-11-2021 3/3 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Gopalganj in connection with Sidhwaliya PS case no. 94 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T