← Library
Patna High CourtCR. MISC./48182/2023allowed

Sanjay Ram @ Sanjay Mallick v. The State Of Bihar

2023-08-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48182 of 2023 Arising Out of PS. Case No.-479 Year-2023 Thana- KANKARBAG District- Patna ====================================================== 1.

SANJAY RAM @ SANJAY MALLICK SON OF BALAM MALLICK RESIDENT OF KANKARBAGH NEAR TEMPOO STAND, P.M.C. PSKANKARBAGH, DIST- PATNA 2.

ARTI DEVI @ ARTI WIFE OF RAJEEV RAM @ RAJEEV MALLICK RESIDENT OF KANKARBAGH NEAR TEMPOO STAND, P.M.C. PSKANKARBAGH, DIST- PATNA 3.

RAJEEV RAM @ RAJEEV MALLICK SON OF BALAM MALLICK RESIDENT OF KANKARBAGH NEAR TEMPOO STAND, P.M.C. PSKANKARBAGH, DIST- PATNA 4.

RANI DEVI WIFE OF SANJAY RAM @ SANJAY MALLICK RESIDENT OF KANKARBAGH NEAR TEMPOO STAND, P.M.C. PSKANKARBAGH, DIST- PATNA 5.

SANTOSH RAM @ SANTOSH MALLICK SON OF SANJAY RAM @ SANJAY MALLICK RESIDENT OF KANKARBAGH NEAR TEMPOO STAND, P.M.C. PS- KANKARBAGH, DIST- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Krishna Jha, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP.

Mr. Diwakar Yadav, Adv.

Mr. Prabhat Narayan Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard the parties.

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

3. Allegedly, all the accused persons including these petitioners are said to have killed the informant's daughter due

Patna High Court CR. MISC. No.48182 of 2023(2) dt.24-08-2023 2/3 to non-fulfillment of dowry demand.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are in-laws of the deceased. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the husband of the deceased is already in judicial 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 lower Court where the case is pending/successor Court in connection with Kankarbagh P.S. Case No. 479 of

Patna High Court CR. MISC. No.48182 of 2023(2) dt.24-08-2023 3/3 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T