Dinesh Kamti @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38304 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== DINESH KAMTI @ DINESH KUMAR Son of Gita Kamti Resident of village - Sripur Gahar, P.S.- Khanpur, District - Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 38958 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== SEELA DEVI @ NILU DEVI Wife of Ashok Kamati Resident of village - Sripur Gahar, P.S.- Khanpur, District - Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38304 of 2023) For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mrs. Suman Kumari Singh :
Mr. Raja Ram Mishra (In CRIMINAL MISCELLANEOUS No. 38958 of 2023) For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mrs. Suman Kumari Singh :
Mr. Raja Ram Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-07-2023
1. As both these applications arises from the same P.S. Case No., with consent of parties they have been heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned APP for the State assisted by learned counsel for the informant.
3. The petitioners are apprehending their arrest in a
Patna High Court CR. MISC. No.38304 of 2023(2) dt.18-07-2023 2/3 case registered for the offences punishable under Sections 498A and 304B/34 of the Indian Penal Code pending in the learned court below.
4. As per the prosecution case, informant's sister Sulekha Kumari who married to Pappu Kumar Kamti in the year February, 2022, after few days of marriage accused persons started demanding motorcycle as dowry, informant's sister informed this informant about demand when this informant tried to convince accused persons they they misbehaved and assaulted him. When the informant reached Shripur Gahar where he saw that dead body of Sulekha is lying and there was mark on neck.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner of Cr. Misc. No. 38304/2023 is brother in law of the deceased and petitioner of Cr. Misc. No.38958/2023 is mother in law of the deceased. He submits that there is no specific overt act against these petitioners. He further submits that husband of the deceased is already in judicial custody. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Patna High Court CR. MISC. No.38304 of 2023(2) dt.18-07-2023 3/3
6. Learned APP for the State along with learned counsel for the informant opposes the prayer for bail.
7. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Khanpur P.S. Case No.44/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T