Durgesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54513 of 2024 Arising Out of PS. Case No.-194 Year-2020 Thana- BHORE District- Gopalganj ====================================================== 1.

Durgesh Singh Son Of Late Ram Nagina Singh Resident Of VillageBhadvahi, P.S.- Bhorey, District- Gopalganj 2.

Beby Devi @ Babita Devi Daughter Of Late Ram Nagina Singh Resident Of Village- Bhadvahi, P.S.- Bhorey, District- Gopalganj 3.

Rajali Devi Wife Of Late Ram Nagina Singh Resident Of Village- Bhadvahi, P.S.- Bhorey, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari For the Opposite Party :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they along with other co-accused persons have committed murder of the sister of the informant due to non-fulfillment of dowry.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that, as a matter of fact, the deceased was suffering from

Patna High Court CR. MISC. No.54513 of 2024(4) dt.14-11-2024 2/2 appendicitis and petitioners were providing treatment to the deceased but unfortunately her appendicitis was ruptured as a result of which the sister of the informant died, this fact has also come in the case diary. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case and the fact that the death was caused due to appendicitis, 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 Bhore P.S. Case No.194 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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