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Patna High CourtCR. MISC./49554/2023disposed

Runna Devi v. The State Of Bihar

2023-09-12Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49554 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

RUNNA DEVI WIFE OF SHRI RAMANAND YADAV RESIDENT OF VILLAGE - KHAIRUCHAK, P.S. - SHAKURABAD, DISTRICT - JEHANABAD 2.

MANISH KUMAR SON OF SHRI RAMANAND YADAV RESIDENT OF VILLAGE - KHAIRUCHAK, P.S. - SHAKURABAD, DISTRICT - JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B and other allied Sections of the Indian Penal Code.

3. Allegedly, the petitioners are said to have killed the daughter of the informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.49554 of 2023(3) dt.12-09-2023 2/3 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws of the deceased. He submits that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.

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

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Shakurabad P.S. Case No.280 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. However, the learned Court below is directed to verify that the husband of the deceased is in judicial custody or not. If

Patna High Court CR. MISC. No.49554 of 2023(3) dt.12-09-2023 3/3 it is found that the husband of the deceased is not in judicial custody then the bail bond of the petitioners shall not be accepted.

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