Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 57429 of 2023 Arising Out of PS. Case No.-409 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

RITESH KUMAR Son of Shri Nandu Ram Resident of village - Bishambharpur, P.S. - Bikram, Distt. - Patna, Bihar 2.

Guddi Kumari D/o Shri Ravindra Ram Resident of village - Hulashchak, P.S. - Janipur, Distt. - Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Satyanand Sharma, Advocate For the Opposite Party/s :

Mr Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-02-2024 Heard the learned counsel for the petitioners as well as the learned APP for the State.

2 The petitioners apprehend their arrest in connection with Phulwari Sharif (Janipur) PS Case No 409 of 2020 dated 25.07.2020 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. 3 As per allegation, the marriage of the deceased was solemnized with co-accused Shashi Kant Ram in the year, 2019. The accused persons, due to non-fulfillment of dowry, committed dowry death of the deceased.

4 Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.57429 of 2023(3) dt.27-02-2024 2/2 implicated in this case. The husband of the deceased Shashi Kant Ram was put on trial in Sessions Trial No 363 of 2020 and he was acquitted as the witnesses did not support the prosecution case. Learned counsel has further submitted that considering these facts, the mother-in-law and father-in-law of the deceased have been granted anticipatory bail by a coordinate Bench of this Court in Cr Misc No 63020 of 2022. Learned counsel has also submitted that the case of the petitioners are on better footing as they are brother-in-law and sister-in-law (Nanad and Nandosi) of the deceased.

5 Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned Court below, be released on anticipatory bail on each of them furnishing bail bonds of Rs 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM IX, Patna in connection with Phulwari Sharif (Janipur) PS Case No 409 of 2020 subject to the conditions as laid down under Section 438

(2) of Cr P C.

(Nawneet Kumar Pandey, J) M.E.H./- U