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Patna High CourtCR. MISC./39751/2023bail granted

Vinod Ray v. The State Of Bihar

2023-07-26Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39751 of 2023 Arising Out of PS. Case No.-525 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

VINOD RAY son of Jay Nandan Ray Village- Sakari Tole Balua @ Sakri Saraiya Ps- Kurhani Dist- Muzaffarpur 2.

Nirmala Devi @ Lalwati Devi wife of Vinod Ray Village- Sakari Tole Balua @ Sakri Saraiya Ps- Kurhani Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2023 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioners seek bail in connection with Kurhani (Turki O.P) P.S. Case No. 525 of 2022 registered for the offence under Sections 304-B and 34 of the Indian Penal Code.

4. The accused/petitioners are named in the F.I.R. and are in custody since 02.02.2023.

5. The allegation against the petitioners is to cause

Patna High Court CR. MISC. No.39751 of 2023(2) dt.26-07-2023 2/3 death of daughter of informant alongwith other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for cash of Rs. 2 lakhs.

6. Learned counsel appearing on behalf of the petitioners submitted that petitioners were falsely implicated with present case being parents of the husband of deceased against whom the thrust of allegation is available. It is submitted that both petitioners being parents living separately and having no connection with daily and domestic affairs with deceased and her husband. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

7. Learned APP opposes the prayer of bail.

8. Considering the facts and circumstances as mentioned above, as implication of petitioners appears being inlaws/parents of the husband of deceased coupled with the fact that charge-sheet has already submitted, where petitioners are in custody since 02.02.2023, accordingly, both above named petitioners are directed to be released on bail in connection with Kurhani (Turki O.P) P.S. Case No. 525 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two

Patna High Court CR. MISC. No.39751 of 2023(2) dt.26-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, (West) Muzaffarpur/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T