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Patna High CourtCR. MISC./48007/2021bail granted

Domni Devi @ Domni Das v. The State Of Bihar

2022-02-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48007 of 2021 Arising Out of PS. Case No.-833 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

DOMNI DEVI @ DOMNI DAS wife of Late Asarafi Das Resident of Village - Bengha, Ward no. 4, P.S. and Dist. - Saharsa. 2.

Ratan Das Son of Late Asarafi Das Resident of Village - Bengha, Ward no. 4, P.S. and Dist. - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was done to death for non-fulfillment of the demand of dowry by the accused persons including the two petitioners herein.

It is submitted by learned counsel for the petitioners that the petitioners herein are the mother-in-law and Devar (brother-in-law) of the deceased. They have been falsely

Patna High Court CR. MISC. No.48007 of 2021(2) dt.10-02-2022 2/2 implicated in the case. They are living separately from the husband of the deceased. It is further submitted that vide order dated 6.7.2021 passed in Cr. Misc. no. 26635 of 2021 the two petitioners herein had been directed to be enlarged on anticipatory bail, however it was before passing of the said order that on 11.3.2021 both the petitioners have been arrested. The petitioners are in custody since 11.3.2021 and have no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case the submissions made on behalf of the petitioners, grant of anticipatory bail vide order dated 6.7.2021 (Annexure-1) and the petitioners having remained in custody for more than 10 months, the Court directs the above two petitioners to be enlarged on bail in connection with Saharsa Sadar P.S. Case no. 833 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Prakash/- U