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Patna High CourtCR. MISC./55219/2022bail granted

Indu Devi v. The State Of Bihar

2023-01-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55219 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- GORAUL District- Vaishali ====================================================== 1.

INDU DEVI, W/O HARDEV RAY, Resident of village- Tikaha bahadurpur, P.S.- Goraul, District- Vaishali.

2.

NIRAJ DEVI, W/O SHAMBHU RAY, Resident of Village- Baksama, P.O and P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the State :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 201, 120(B), 304(B) read with Section 34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act. As per the prosecution case, the petitioners and the co-accused persons committed murder of the daughter of the informant due to non-fulfillment demand of four wheeler

Patna High Court CR. MISC. No.55219 of 2022(2) dt.23-01-2023 2/3 vehicle as dowry and her dead body was disposed of by the petitioners and the co-accused persons with 10-15 unknown villagers.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. He has further submitted that the petitioners have never demanded any dowry. There is general and omnibus allegation against the petitioners. Learned counsel for the petitioners has submitted that the petitioners have no concern with alleged offence. He has further submitted that the petitioner no. 1 is the mother-in-law of the deceased and is suffering from many diseases and the petitioner no. 2 is the sister-in-law (nanad) of the deceased. Both the petitioners are ladies. The petitioners have got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand)each with two sureties of the

Patna High Court CR. MISC. No.55219 of 2022(2) dt.23-01-2023 3/3 like amount each to the satisfaction of Court concerned, Vaishali at Hajipur in connection with Goraul P.S. Case No. 124 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T