Madhusudan Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56198 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- JADOPUR District- Gopalganj ====================================================== 1.

MADHUSUDAN DUBEY S/o Late Bhagavati Dubey Residents of villageMasan Thana, Ward No.- 07, P.S.- Jadoplur, District- Gopalganj 2.

BIMLA DEVI W/o Madhusudan Dubey Residents of village- Masan Thana, Ward No.- 07, P.S.- Jadoplur, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithvi Nath Mishra For the Opposite Party/s :

Mr. Anil Kumar Mr. Vikas Ratan Bharti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Jadopur P.S. Case No.67 of 2022, registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code. Allegedly, the petitioners in association with their family members assaulted the daughter of the informant due to nonfulfillment of demand for dowry. The allegation against the petitioners is that they killed the daughter of the informant by pressing her neck.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.56198 of 2022(2) dt.02-01-2023 2/3 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 general and omnibus in nature. Petitioner no.1 is the father-inlaw and petitioner no.2 is the mother-in-law of the deceased. There is no specific allegation against the petitioners. The husband of the deceased is already in judicial custody. He further submits that the deceased alongwith her husband was residing separately from the petitioners. Petitioners have no criminal antecedent, also mentioned in para-3 of the bail application.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the marriage of the informant's daughter was solemnized with the son of the petitioners namely, Sumit Dubey on 30.04.2021 and the informant's daughter died/murdered on 28.04.2022 i.e. within one year of marriage.

Having regard to the facts and circumstances of the case and considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

Patna High Court CR. MISC. No.56198 of 2022(2) dt.02-01-2023 3/3 Accordingly, this application is dismissed.

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