Vijayee Gond @ Vijai, Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52102 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Vijayee Gond @ Vijai, Gond Son Of Shankar Gond R/O-Goi, P.S.-CHAND, Distt.-KAIMUR At Bhabua 2.

Bechai Gond Son Of Shakar Gond R/O-Goi, P.S.-CHAND, Distt.-KAIMUR At Bhabua 3.

Vakil Gond @ Wakil Gond Son Of Shankar Gond R/O-Goi, P.S.-CHAND, Distt.-KAIMUR At Bhabua 4.

Mukhtar Gond Sonof Shankar Gond R/O-Goi, P.S.-CHAND, Distt.- KAIMUR At Bhabua 5.

Vikash Gond Son Of Vakil Gond R/O-Goi, P.S.-CHAND, Distt.-KAIMUR At Bhabua 6.

Urmila Devi Wife Of Vijayee Gond @ Vijai Gond R/O-Goi, P.S.-CHAND, Distt.-KAIMUR At Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lal Gond Son Of Late Khobhari Gond R/O-Sokhara, P.S.-chand, Distt.- kaimur At Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Chand P.S. Case No. 50 of 2023 dated 16.03.2023 registered for the offences punishable u/ss 365, 498A, 504 and 506 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.52102 of 2023(9) dt.16-04-2024 2/3 co-accused person are alleged to have tortured the informant mentally and physically due to non-fulfillment of demand of dowry. Further on 12.12.2022, the informant received a call from his son-in-law to come and see his daughter. When the informant reached there, he did not find his daughter. It is further alleged that the petitioners and the co-accused person are alleged to have killed and disappeared the dead body of the informant's daughter.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners neither demanded any dowry nor tortured the informant's daughter. The petitioner no. 1 and 6 are the father and mother-in-law, the petitioner no. 2, 3 and 4 are uncles of the husband of the victim and the petitioner no. 5 is the devar of the informant's daughter. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus

Patna High Court CR. MISC. No.52102 of 2023(9) dt.16-04-2024 3/3 against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kaimur at Bhabua in connection with Chand P.S. Case No. 50 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T