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Patna High CourtCR. MISC./49890/2023bail granted

Mukund Bishwas @ Mukund @ Mukund Biswas v. The State Of Bihar

2023-09-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49890 of 2023 Arising Out of PS. Case No.-549 Year-2022 Thana- JOKIHAT District- Araria ====================================================== 1.

Mukund Bishwas @ Mukund @ Mukund Biswas Son Of Late Falku Biswash Resident Of Village- Mahalgaon, Ward No. 3, Tekni , Ps- Jokihat (MAHALGAON), Distt- Araria 2.

Pachhi Devi @ Pachcho Devi Wife Of Mukund Bishwas @ Mukund @ Mukul Biswas Resident Of Village- Mahalgaon, Ward No. 3, Tekni , PsJokihat (MAHALGAON), Distt- Araria 3.

Jeer Devi @ Bhawita Devi Wife Of Sri Narayan Mandal Resident Of Village- Haria Bara, Ward No. 8, Tekni , Ps- Haria , Distt- Araria 4.

Ruko Devi @ Rukmani Devi Wife Of Sri Jagarnath Kumar Bishwas Resident Of Village- Ward No. 8, Bagdhar, Dhurpaili, Ps- Sahangaon, DisttPurnea 5.

Rinki Devi Wife Of Sri Tatan Kumar Bishwas Resident Of VillageMahalgaon, Ward No. 3, Tekni , Ps- Jokihat (MAHALGAON), Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. It is a case of dowry death.

4. Petitioner No. 1 is father-in-law, petitioner No. 2 is mother-in-law, petitioner Nos. 3 and 4 are sisters-in-law and petitioner No. 5 is Gotni of the deceased.

Patna High Court CR. MISC. No.49890 of 2023(4) dt.19-09-2023 2/2

5. Learned counsel appearing for the petitioners submits that thrust of accusation is against husband of the deceased who is already in custody since 28.08.2023. Allegation against these petitioners is general and omnibus. Petitioners are separate in mess and property and are not concerned with family affairs of the deceased.

6. Learned A.P.P. for the State vehemently opposes the bail application.

7. Considering the fact that thrust of accusation is against husband of the deceased who is already in custody, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P. S. Case No. 549 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T