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Patna High CourtCR. MISC./50026/2024allowed

Chinta Devi And Others v. The State Of Bihar

2024-08-22Mr. Justice Alok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50026 of 2024 Arising Out of PS. Case No.-420 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Chinta Devi And Others S/o- Madan Sah Village- Siswa Kodar, Ps- Paharpur Dist- East Champaran 2.

Raja Sah son of Madan Sah Village- Siswa Kodar, Ps- Paharpur Dist- East Champaran 3.

Sanjay Sah son of Madan Sah Village- Siswa Kodar, Ps- Paharpur Dist- East Champaran 4.

Vijay Sah son of Madan Sah Village- Siswa Kodar, Ps- Paharpur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Paharpur P.S. Case No. 420 of 2023 registered for the offences punishable under Sections 304(B), 302 and 34 of the Indian Penal Code.

3. As per prosecution case, petitioners and others are said to have committed the murder of informant's daughter for nonfulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in

Patna High Court CR. MISC. No.50026 of 2024(2) dt.22-08-2024 2/2 the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. Learned counsel for the petitioners submits that petitioner no. 1 is mother-in-law of the deceased and petitioner nos. 2 to 4 are brother-in-law of the deceased. He further submits that petitioners are residing separately and they have no say in the family affairs of the deceased.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, petitioners having no say in the family affairs of the deceased, argument advanced on behalf of both sides, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, East Champaran, Motihari in connection with Paharpur P.S. Case No. 420 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T