Chitrarekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42634 of 2024 Arising Out of PS. Case No.-186 Year-2022 Thana- SAHIYARA District- Sitamarhi ====================================================== 1.
Chitrarekha Devi WIFE OF MAJHI RAM @ MANJHI RAM VILLAGEORLAHIYA @ ORALHIA, PS- SAHIYARA, DIST- SITAMARHI 2.
DILEEP RAM SON OF MAJHI RAM @ MANJHI RAM VILLAGEORLAHIYA @ ORALHIA, PS- SAHIYARA, DIST- SITAMARHI 3.
GARHU RAM SON OF LATE BUDHAN RAM VILLAGE- ORLAHIYA @ ORALHIA, PS- SAHIYARA, DIST- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Santosh Kumar, Advocate For the State :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.
3. It is a case of "dowry death".
4. Earlier, the prayer for grant of anticipatory bail to these petitioners stood dismissed as withdrawn vide order dated 16.08.2023 passed in Cr. Misc. No. 29569 of 2023.
5. It is submitted by learned counsel for the petitioners that petitioners have renewed their prayer for grant of bail on the ground that subsequently, husband of the deceased has
Patna High Court CR. MISC. No.42634 of 2024(2) dt.13-09-2024 2/3 already surrendered and he is in judicial custody since 18.07.2024. Petitioner No. 1 is mother-in-law, Petitioner No. 2 is brother-in-law and Petitioner No. 3 is grandfather-in-law of the deceased. Petitioners are victims of over implication. There is no specific allegation of demand of dowry or torture. They are separate in mess & property and have got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased. Petitioners claim clean antecedents.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
7. Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi, in connection with Sahiyara P.S. Case No. 186 of 2022, subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.42634 of 2024(2) dt.13-09-2024 3/3 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T