Jagdish Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56589 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

Jagdish Bhagat Son of Late Ayodhya Singh @ Nagina Bhagat 2.

Lal Muni Devi Wife of Jagdish Bhagat 3.

Mantu Kumar Son of Jagdish Bhagat Permanent resident of village - Manganuwa, Jaisinghpur, Dakshini, P.S.- Turkauliya, District - East Champaran, At present resident of village Madhopur Nijamat, P.S.- Sugauli, District - East Champaran at Motihari. ... ... 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. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sugauli P.S. Case No.7 of 2022 instituted under Sections 304(B)/34, 120B I.P.C.

As per the prosecution story, the marriage took place with Lal Bihari Prasad in the year 2015 but thereafter the lady was tortured for dowry and on the fateful day, the informant came to know about the death of the daughter Smita and accordingly, the FIR was lodged.

Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.56589 of 2022(2) dt.31-01-2023 2/2 petitioner no.1 is the father-in-law, petitioner no.2 is the motherin-law while the petitioner no.3 is the brother-in-law. Further, as per the petition, they were living separately from the couple and a certificate has been provided to show that the husband Lal Bihari Prasad has since surrendered on 30.01.2023 and is in judicial custody.

Let the same be kept on record.

Considering the aforesaid facts as also that they do not have criminal antecedent and they will ultimately have to face the trial, this Court is inclined to grant them privilege of anticipatory bail.

Let the petitioners be released on bail, in the event of their arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Sugauli P.S. Case No.7 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T