Laxmi Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6118 of 2021 Arising Out of PS. Case No.-85 Year-2020 Thana- SONBERSA District- Saharsa ====================================================== 1.

LAXMI GOSWAMI S/O LATE MAHESHWAR GOSWAMI RESIDENT OF VILLAGE SOHA, P.S-SONBARSA, DISTRICT-SAHARSA. 2.

PANO DEVI @ PONO DEVI W/O LAXMI GOSWAMI RESIDENT OF VILLAGE SOHA, P.S-SONBARSA, DISTRICT-SAHARSA. 3.

ANIL GOSWAMI S/O LAXMI GOSWAMI RESIDENT OF VILLAGE SOHA, P.S-SONBARSA, DISTRICT-SAHARSA.

4.

GOVIND GOSWAMI S/O LAXMI GOSWAMI RESIDENT OF VILLAGE SOHA, P.S-SONBARSA, DISTRICT-SAHARSA.

... ... Petitioners.

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in a case registered for the offence punishable under Section 341, 307, 304 B & 302/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.6118 of 2021(2) dt.17-04-2021 2/3 The petitioners in association of other F.I.R. named accused persons are said to have brutally assaulted the daughter of the informant, due to which she died during the course of treatment, on non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have been falsely implicated in this case as they are in-laws of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the marriage took place in the year 2010 and as per the allegations made in the F.I.R., they have tortured the deceased and demanded motorcycle but not a single F.I.R.

or complaint has been made before the police or the Court before lodging of the present case. It is also submitted that the marriage took place in the year 2010, hence Section 304 B IPC is not applicable in this case. It is lastly submitted that the husband of the deceased is in custody. The petitioners have no criminal antecedent and have been languishing in custody since 05.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.6118 of 2021(2) dt.17-04-2021 3/3 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 in connection with Sonbarsa Raj P.S. Case No.85 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T