Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59291 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- NARHATT District- Nawada ====================================================== 1.

Gita Devi Wife Of Arun Singh Resident Of Village - Sahbaz Pursarai, Police Station - Narhat, District - Nawadah 2.

Arun Siingh Son Of Late Yamuna Singh Resident Of Village - Sahbaz Pursarai, Police Station - Narhat, District - Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 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.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Narhat (Sitamarhi) P.S. Case No. 357 of 2022 dated 06.09.2022 registered for the offences punishable under Sections 304B, 498A read with Section 34 of the Indian Penal Code and u/ss 3/4 of Dowry Prohibition Act.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have strangulated the

Patna High Court CR. MISC. No.59291 of 2023(2) dt.22-09-2023 2/3 informant's daughter to death due to non-fulfillment of demand of Bullet motorcycle and Rs. 2,00,000/- as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners neither demanded any dowry nor tortured the daughter of the informant. It is further submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the father-in-law of the deceased. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioners have no concern with the alleged offence. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has two criminal antecedents as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners who are in-laws, 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 bond of Rs. 20,000/-(Twenty Thousand)each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.59291 of 2023(2) dt.22-09-2023 3/3 learned Court concerned, Nawadah in connection with Narhat P.S. Case No. 357 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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