Bhagmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48508 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.
Bhagmani Devi W/o Rama Ji Pasi @ Rama Choudhary @ Ramji Pasi R/o vill - Sahaganj, P.S. - GB Nagar, Distt. - Siwan 2.
Rama Choudhary @ Ramji Pasi @ Rama Ji Pasi S/o Late Baidhnath Pasi R/o vill - Sahaganj, P.S. - GB Nagar, Distt. - Siwan 3.
Vinod Choudhary S/o Rama Ji Pasi @ Rama Choudhary @ Ramji Pasi R/o vill - Sahaganj, P.S. - GB Nagar, Distt. - Siwan 4.
Dharmendra Choudhary @ Dharmendra Kumar S/o Rama Ji Pasi @ Rama Choudhary @ Ramji Pasi R/o vill - Sahaganj, P.S. - GB Nagar, Distt. - Siwan 5.
Krishna Choudhary @ Krishna Kumar S/o Rama Ji Pasi @ Rama Choudhary @ Ramji Pasi R/o vill - Sahaganj, P.S. - GB Nagar, Distt. - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma, Sr. Adv.
:
Mrs. Kumari Anupam, Adv.
For the Opposite Party/s :
Mr. Raghwendra Pratap Singh, Adv.
For the State :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2024 Heard Learned Senior Counsel Mr. Y.C. Verma with Learned Counsel Mrs. Kumari Anupam for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with G.B. Nagar P. S. Case No.197 of 2024 under Sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 6 named accused persons including the petitioners
Patna High Court CR. MISC. No.48508 of 2024(3) dt.21-09-2024 2/3 against whom there is allegation that they in connivance with each other had killed the informant's daughter due to nonfulfillment of demand of dowry.
4. Learned Senior Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that petitioner Nos.1 and 2 are mother-in-law and father-in-law of the deceased and petitioner Nos. 3, 4 and 5 are brother-in-laws. He further submits that the allegation is general and omnibus against the petitioners and they have been falsely implicated in the present case.
5. Learned Senior Counsel further submits that the petitioners are living separately since long and their names have been figured in this case because they are relative of the deceased.
6. Learned Senior Counsel also submits that petitioners' antecedent are clean.
7. Learned APP for the State opposes the prayer for bail and submits that there is allegation of demand of dowry against the petitioners.
8. In the present facts and circumstances, let the above named petitioner Nos.3, 4 and 5 be directed to release on anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.48508 of 2024(3) dt.21-09-2024 3/3 Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-IV, Siwan in connection with G.B. Nagar P. S. Case No.197 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. So far as petitioner Nos.1 and 2 are concerned, this Court is not inclined to grant anticipatory bail to the petitioner Nos.1 and 2, therefore the bail application of the said petitioners is hereby rejected.
10. However, trial court is directed to consider the regular bail application of the petitioner Nos.1 and 2, if they surrender within 4 (four) weeks from today and pray for regular bail, then trial court shall pass order on merit without being prejudice of the present order preferably on the same day.
11. With the aforesaid direction, the present bail application is hereby disposed off.
(Dr. Anshuman, J.) Prakashmani/- U T