Patna High CourtCR. MISC./41310/2023bail granted

Bilakhi Devi v. The State Of Bihar

2023-08-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41310 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Bilakhi Devi Wife of Tejan Paswan Resident of village - Dhawatand, P.S. - Chandramandih, Distt. - Jamui 2.

Dilip Paswan son of Tejan Paswan Resident of village - Dhawatand, P.S. - Chandramandih, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 302, 34 of the Indian Penal Code.

3. As per the prosecution case, marriage of informant's daughter was solemnized with son of petitioner no. 1 in the year 2020. After marriage all the accused persons including these petitioners started demanding dowry. It is further alleged that on 23.10.2022, the informant got information that her daughter has been done to death by the accused persons due to non-fulfillment of demand of dowry. Petitioner no. 1 is

Patna High Court CR. MISC. No.41310 of 2023(3) dt.29-08-2023 2/3 mother-in-law and petitioner no. 2 is brother-in-law of the deceased.

4. It is submitted on behalf of the petitioner that husband of the deceased Manoj Paswan has not been made accused in this case. Petitioners are innocent and have committed no offence. No such occurrence has ever taken place and there was no demand of dowry by the petitioner. In fact, due to altercation between the deceased and her husband, the deceased committed suicide. There is general and omnibus allegation. Petitioners are in-laws of the deceased and they are separate in mess and property and they have got no concern with the family affairs of the deceased and her husband. Petitioners claim clean antecedent.

5. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Sub-Divisional Judicial Magistrate, Jamui in connection with Chandramandih P.S. Case No. 173 of 2022, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.41310 of 2023(3) dt.29-08-2023 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T