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Patna High CourtCR. MISC./42236/2019bail granted

Sikandar Ram v. The State Of Bihar

2019-09-19Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42236 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

SIKANDAR RAM, aged about 39 years, Male, Son of Late Baldev Ram 2.

Dhanraji Devi @ Punita Devi, aged about 48 years, Female, Wife of Sikandar Ram 3.

Pawdari Kumari @ Radhika Kumari, aged about 20 years, Female, Daughter of Sikandar Ram 4.

Manoj Ram, aged about 40 years, Male, Son of Mathu Ram All are resident of village - Swarchhap, P.S. - Lauria, District - West Champaran, Bettiah.

... ... Petitioners

Versus

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

For the Petitioner/s :

Ms. Archana Jha, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are seeking anticipatory bail in connection with Jagopatti (Sanichari) P.S. Case No. 152/2019 registered under Sections 302/34 of the Indian Penal Code. Petitioners in the present case are said to be the fatherin-law, mother-in-law, sister-in-law and the mediator who had been involved in the marriage between the deceased and son of the petitioner no. 1. The marriage had taken place eight years ago. The allegations, so far as these petitioners are concerned, against them are that they were also involved in demand of

Patna High Court CR. MISC. No.42236 of 2019(3) dt.19-09-2019 2/3 dowry.

Learned counsel for the petitioners submits that the whole family has been falsely implicated in the present case even the husband of the deceased has already been arrested and is in judicial custody. Learned counsel further submits that the father-in-law, mother-in-law are old age person who are living separately with their unmarried daughter. Even unmarried daughter has been implicated in this case without there being any specific allegation against them. There is no allegation at all against the mediator but even he has been named in the F.I.R. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

In the given facts and circumstances of the case, where the marriage had taken place eight years ago, there is no specific allegation against these petitioners who are said to be living separately in mess and business and that the husband of the deceased is already in judicial custody, in the event of their arrest/surrender before the court below within a period of four weeks, let the above-named petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West

Patna High Court CR. MISC. No.42236 of 2019(3) dt.19-09-2019 3/3 Champaran, Bettiah, in connection with Jagopatti P.S. Case No. 152/2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T