Dhanjee Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40318 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- DAWATH District- Rohtas ====================================================== 1.
DHANJEE SHARMA SON OF DINESHWAR SHARMA VILLAGEBUDHIYA BAZAR, KOWATH, PS- DAWATH, DIST- ROHTAS 2.
MALTI DEVI WIFE OF DINESHWAR SHARMA VILLAGE- BUDHIYA BAZAR, KOWATH, PS- DAWATH, DIST- ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rajesh Kumar Chaubey, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2024 Heard Mr. Rajesh Kumar Chaubey, learned counsel appearing on behalf of petitioners and Mr. Umeshanand Pandit, learned APP appearing on behalf of State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 498A, 304B and 34 of the Indian Penal Code.
3. It is a case of "dowry death".
4. It is submitted by learned counsel for the petitioners that Petitioner No. 1 is brother-in-law (bhaisur) and Petitioner No. 2 is mother-in-law of the deceased. Petitioners are victim of over implication. As a matter of fact, the deceased was unhappy
Patna High Court CR. MISC. No.40318 of 2024(3) dt.14-08-2024 2/3 with her marriage and on the alleged date and time of occurrence, she herself committed suicide. There is no specific allegation of demand of dowry or torture. They are separate in mess & property and have got no concern with the affairs of the deceased and her husband. Moreover, thrust of accusation is against husband of the deceased, who is already in custody since 31.07.2024. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Dawath P.S. Case No. 14 of 2024, subject to condition as laid
Patna High Court CR. MISC. No.40318 of 2024(3) dt.14-08-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T