Ramanand Malakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39640 of 2023 Arising Out of PS. Case No.-979 Year-2015 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.
Ramanand Malakar Son Of Late Ram Sewak Bhagat Resident Of Village - Dawathu, P.S. - Hulasganj, District - Jehanabad 2.
Biranjan Devi Wife Of Shri Ramanand Malakar Resident Of Village - Dawathu, P.S. - Hulasganj, District - Jehanabad ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Madan Bhagat Son Of Late Shiv Kumar Bhagat Resident Of Village - Mahiyarpur, P.S. - Tekari, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304(B) of the Indian Penal Code.
3. Petitioners along with other accused persons are said to have committed murder of the daughter of the informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioner no. 1 is father-in-law
Patna High Court CR. MISC. No.39640 of 2023(4) dt.29-01-2024 2/3 and petitioner no. 2 is mother-in-law of the deceased. He submits that there is no specific overt act against the petitioners. He submits that the police has conducted investigation in the matter and found that the deceased has caught fire while preparing food on 23.10.2015. On 24.10.2015, in-laws of deceased has brought her to Magadh Medical College, Gaya for better treatment. After 2-3 days, deceased was brought to her sasural where she survived for 20-21 days. One day while she became serious, in-laws brought her to Patna for better treatment but she succumbed injuries on the way to Patna. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State, and learned counsel for the opposite party no. 2 opposing the prayer for bail and fairly submit that the occurrence took place while the deceased preparing food.
6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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
Patna High Court CR. MISC. No.39640 of 2023(4) dt.29-01-2024 3/3 learned court below where the case is pending/successor court in connection with Complaint Case No. 979 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T