Ashok Soni @ Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52461 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Ashok Soni @ Ashok Kumar Sono F Late Kashi Nath Prasad @ Kashi Soni R/O Uttar Mohalla, Ward No. 12 Mirganj, P.S.- Mirganj, Dist.- Gopalganj 2.

Vibha Devi W/O Ashok Soni @ Ashok Kumar R/O Uttar Mohalla, Ward No. 12 Mirganj, P.S.- Mirganj, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioners, State and Mr. Jitendra Kumar Singh who represents the informant in Virtual Court Proceeding.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioners are apprehending arrest in connection with Mirganj P.S. Case No. 71 of 2022 under section 304B/34 of the Indian Penal Code.

As per the prosecution story, the allegation is that the lady was married to Sandeep Kumar Soni but was regularly tortured for dowry. Further, the couple was blessed with a child

Patna High Court CR. MISC. No.52461 of 2022(2) dt.13-01-2023 2/3 and the lady was pregnant when it is alleged that she was killed by the accused persons.

Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law living separately from the family and the last submission is that husband is in custody since 22.3.2022 (as stated in para-16 of the bail application).

Mr. Jitendra Kumar Singh who represents the informant submits that the accused persons earlier demanded dowry and later the allegation is of killing of the informant's daughter who was pregnant at the time of death and as such has opposed the prayer.

Taking into account the fact that the petitioners are parents of the main accused, Sandeep Kumar Soni who is in custody, as stated, they do not have criminal antecedents and will be cooperating with the police during the investigation and will face the trial, this Court is inclined to grant them relief. Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM-XV, Gopalganj, in connection

Patna High Court CR. MISC. No.52461 of 2022(2) dt.13-01-2023 3/3 with Mirganj P.S. Case No. 71 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/- U T