Narayan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46968 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== 1.

NARAYAN DAS SON OF LATE THAMMAN DAS R/O-GARHSISAI, WARD NO. 11, P.S.-VIDYAPATINAGAR, DISTT.-SAMASTIPUR 2.

NIRMALA DEVI WIFE OF NARAYAN DAS R/O-GARHSISAI, WARD NO. 11, P.S.-VIDYAPATINAGAR, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP For the Informant :

Mr.Akash Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 302, 201/34 of the IPC. 3.

Allegedly, daughter of the informant has been killed by F.I.R. named accused persons including the petitioners (in-laws of the deceased) due to non-fulfillment of demand of dowry. 4.

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 due to grudge. 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. They have never made any dowry demand and they were living separately from the

Patna High Court CR. MISC. No.46968 of 2023(3) dt.05-10-2023 2/2 deceased. It is further submitted that petitioner no.1 is the father-in-law and petitioner no.2 is the mother-in-law of the deceased and husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail but has fairly submitted that husband of the deceased is in custody. 6.

Having regard to the facts and circumstances of the case, since husband of the deceased is already in custody, 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 Vidyapatinagar P.S. Case No.59 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, petitioners are directed to co-operate in the trial and if they fails to appear on two consecutive dates fixed by the learned Court below, their bail bond is liable to be cancelled. (Anjani Kumar Sharan, J) pallavi/- U T