Ajay Prasad Bari @ Lallu Bari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53115 of 2021 Arising Out of PS. Case No.-4 Year-2021 Thana- GOH District- Aurangabad ====================================================== 1.

AJAY PRASAD BARI @ LALLU BARI S/o Late Rajeshwar Prasad Resident of Village- Bari Tola, P.S.- Goh, District- Aurangabad. 2.

UMA DEVI W/o Mr. Ajay Prasad Bari @ Lallu Bari Resident of VillageBari Tola, P.S.- Goh, District- Aurangabad. 3.

AVINASH @ SAJJU S/o Mr. Ajay Prasad Bari @ Lallu Bari Resident of Village- Bari Tola, P.S.- Goh, District- Aurangabad. 4.

SHANTI DEVI W/o Late Rajeshwar Prasad Resident of Village- Bari Tola, P.S.- Goh, District- Aurangabad.

5.

MANJU DEVI W/o Umesh Prasad Resident of Village-Amravati Colony, Near Devi Mandir, P.S.- Ranchi, GPO, District- Ranchi (Jharkhand) 6.

UMESH PRASAD S/o Kameshwar Prasad Resident of Village- Amravati Colony, Near Devi Mandir, P.S.- Ranchi GPO, District- Ranchi (Jharkhand) 7.

CHANDANI DEVI BARI W/o Rajesh Bari Resident of Village- Kalikundu Lane, P.S.- Haora, District- Hawrah (West Bengal) 8.

RAJESH BARI S/o Late Baijuram Bari Resident of Village- Kalikundu Lane, P.S.- Haora, District- Hawrah (West Bengal) 9.

PUNAM DEVI W/o Dhananjay Prasad Resident of Village- Bargachh Colony, P.S.- Dugda, District- Bokaro (Jharkhand) 10.

MUNNA PRASAD @ DHANANJAY PRASAD Son of --------- Resident of Village- Bargachh Colony, P.S.- Dugda, District- Bokaro (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court

Patna High Court CR. MISC. No.53115 of 2021(2) dt.12-05-2022 2/3 proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B), 201, 120(B), 34 of the Indian Penal Code.

The allegation against the petitioners is that they have tortured and killed the daughter of the informant, due to nonfulfillment of demand of dowry and also burnt the dead body. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. The petitioner nos. 1 to 4 are the in-laws of the deceased and were living separately on the ground floor having separate mess and business. Petitioner nos.5 to 10 are the married sisters-in-law and their husbands and they reside in different places. No demand of dowry has ever been made by the accused persons. It is submitted that the regular bail application of the husband of the deceased has already been dismissed by a co-ordinate Bench of this Court. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.53115 of 2021(2) dt.12-05-2022 3/3 Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the husband of the deceased is already in judicial custody and there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Goh P.S. Case No.04 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T