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Patna High CourtCR. MISC./48865/2021bail granted

Shiv Shankar Thakur @ Shankar Thakur v. The State Of Bihar

2022-06-28Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48865 of 2021 Arising Out of PS. Case No.-124 Year-2021 Thana- FALKA District- Katihar ====================================================== 1.

SHIV SHANKAR THAKUR @ SHANKAR THAKUR Son of Late Jaidev Thakur Resident of village - Bareta, P.S. - Falka, District - Katihar. 2.

Beby Devi wife of Shiv Shankar Thakur @ Shankar Thakur Resident of village - Bareta, P.S. - Falka, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jibendra Mishra, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 328 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and they are father-in-law and mother-in-law of the deceased and are senior citizens.

The informant alleges that her daughter Sweta Kumari was married to Manish Kumar Thakur in 2015 and out of the wedlock two sons and one daughter was born. On 22.04.2021, at about 02:00 a.m., the informant received an information that her

Patna High Court CR. MISC. No.48865 of 2021(3) dt.28-06-2022 2/3 daughter has been killed by the in-laws at her Sasural by administering poison. On receiving such information, the informant immediately reached the place of occurrence along with the family members where she found her daughter dead. It is alleged that the accused persons including the petitioners were tutoring her for dowry for last five years. Learned counsel for the petitioners further submits that petitioners are father-in-law and mother-in-law of the deceased and from perusal of the allegation as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature. He further submits that the husband of the deceased is in custody and the petitioners are separate from mess and property.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners and the fact that the husband of the deceased is in custody, the petitioners above-named, in the event of their arrest or 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.10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.48865 of 2021(3) dt.28-06-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Falka P.S. Case No. 124 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T