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Patna High CourtCR. MISC./52819/2024allowed

Radhika Devi v. The State Of Bihar

2024-12-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52819 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- SARE District- Nalanda ====================================================== 1.

Radhika Devi Wife Of Bahadur Yadav Village- Bhairo Bigha, Ps- Sare DistNalanda 2.

Bahadur Yadav Son Of Late Baran Yadav Village- Bhairo Bigha, Ps- Sare, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 498A, 304(B)/34 of the Indian Penal Code.

3. Allegation against the petitioners is to kill the daughter of the informant for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that the petitioners are the in-laws of the deceased. He submits that the husband of the deceased is

Patna High Court CR. MISC. No.52819 of 2024(5) dt.03-12-2024 2/2 already in judicial custody. He further submits that petitioners has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Sare P.S. Case No. 10 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, learned court below is directed to accept the bail bond of the petitioners only after verifying the fact that the husband of the deceased is in judicial custody or not.

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