Saloni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58175 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.
SALONI DEVI W/O LALAN PRASAD R/O VILL- PIPRA, P.S- PIPRA, DIST.- EAST CHAMPARAN (MOTIHARI).
2.
LALAN PRASAD S/O BRIJ MOHAN PRASAD R/O VILL- PIPRA, P.SPIPRA, DIST.- EAST CHAMPARAN (MOTIHARI). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
:
Mr. Rakesh Kumar Sharma, Advocate :
Mr. Rabindra Kumar, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Ramgarhwa P.S. Case No. 229 of 2023 instituted for the offences under Sections 302, 201, 120B, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that, informant had solemnized love marriage with the Ayushi Kumar(deceased) at Delhi in Saket Court on 12.04.2023. On 07.05.2023, her brother Vikash Kumar, sister Saloni and brother-in-law Lalan Prasad visited there for vidagiri of Ayushi Kumari (deceased) for the
Patna High Court CR. MISC. No.58175 of 2024(2) dt.23-08-2024 2/3 purpose of attending marriage of her brother Vikash Kumar. It is further alleged that informant has strong suspicion against the petitioners that they and their other family members have killed the deceased and, thereafter, disposed of her dead body stealthily.
4. Learned counsel for the petitioners submitted that the petitioners are falsely been implicated in the present case. Learned counsel further submitted that petitioner no. 1 is the sister of the deceased and petitioner no.2 is the husband of petitioner no.1 and they both are living separately and have no concern with the day to day family affairs of the informant or his family. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Learned counsel further submitted that on the date of occurrence, the petitioners had gone to attend the marriage ceremony and thereafter, returned to their home but since they are close relatives of the deceased, informant has falsely implicated them in this case merely on the basis of suspicion. The co-accused person has already been granted anticipatory bail by this Bench vide order dated 10.04.2024 passed in Cr. Misc. No. 19193 of 2024. It has been submitted on behalf of the
Patna High Court CR. MISC. No.58175 of 2024(2) dt.23-08-2024 3/3 petitioners that the petitioners have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six months from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramgarhwa P.S. Case No. 229 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T