Amiri Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38361 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== 1.
AMIRI RAY S/O LATE YOGENDRA RAY R/O Village- Sater, Bakori, PS. Nanpur Dist. Sitamarhi 2.
DEVANTI DEVI W/O AMIRI RAY R/O Village- Sater, Bakori, PS. Nanpur Dist. Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar, Adv.
For the Opposite Party/s :
Mr.Arun Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304 B, 120 B, 201 of the Indian Penal Code.
3. Allegedly, all the accused persons including these petitioners are said to have committed murder of the informant's daughter due to non-fulfillment of dowry demand.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are father-in-law and mother-in-law of the informant's daughter. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is false and based on concocted facts. Though the
Patna High Court CR. MISC. No.38361 of 2023(3) dt.25-08-2023 2/2 occurrence took place on 14.04.2021, but the informant had not filed any complaint before police station or court below against the petitioners and suddenly after two years of the occurrence, he filed FIR on 10.03.2023. There is inordinate and abnormal delay of two years in filing the FIR without assigning any plausible and convincing reason for the said delay which create serious doubt about the prosecution case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is abnormal delay in lodging the FIR, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned lower Court where the case is pending/successor Court in connection with Nanpur P.S. Case No. 107 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T