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Patna High CourtCR. MISC./61610/2023allowed

Rajiv Kumar Dinkar @ Rajiv Dinkar @ Munna Ji @ Rajiv Kumar v. The State Of Bihar

2024-03-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61610 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

RAJIV KUMAR DINKAR @ RAJIV DINKAR @ MUNNA JI @ RAJIV KUMAR S/O- LATE BHAGWAN LAL PRASAD @ BHAGWAL LAL PRASAD R/O- VILLAGE- MAHRAJGANJ MAIN ROAD, P.S.- MAHRAJGANJ, DIST.- SIWAN.

3.

LEELA DINKAR W/O- RAJIV DINKAR R/O- VILLAGEMAHRAJGANJ MAIN ROAD, P.S.- MAHRAJGANJ, DIST.- SIWAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code.

3. Allegedly, the petitioners are said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.61610 of 2023(5) dt.19-03-2024 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws of the deceased and the husband of the deceased has already been acquitted by the learned Court below, which is evident from the supplementary affidavit filed by the learned counsel for the petitioners. Petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, it appears that there is no specific overt act against the petitioners, as such, the provisional bail granted to the petitioners vide order dated 17.10.2023, in connection with Maharajganj P.S. Case No.47 of 2023, is hereby confirmed, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T