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Patna High CourtCR. MISC./56013/2022bail granted

Anita Kumari v. The State Of Bihar

2022-12-16Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56013 of 2022 Arising Out of PS. Case No.-230 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Anita Kumari, W/O Santosh Kumar @ Santosh Ram (Gotani Deceased). Resident of village- Bala Karma Maluki Bigha, P.S.- Aurangabad Muffasil District- Aurangabad (Bihar).

2.

Sarita Devi, W/O Dhiraj Ram @ Dhiraj Kumar (Gotani of Deceased). Resident of village- Bala Karma Maluki Bigha, P.S.- Aurangabad Muffasil District- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2022 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Aurangabad Muffasil P.S. Case No.230 of 2022 instituted for the offence punishable under Section 304B of the Indian Penal Code.

Informant has alleged that his daughter has been done to death at her in-laws for non-fulfilment of the demand for dowry.

It is submitted by the petitioners' counsel that the

Patna High Court CR. MISC. No.56013 of 2022(2) dt.16-12-2022 2/3 petitioners are female relatives of the in-laws of the informant's daughter. They are `Gotanis' and living separately since long. They have no antecedents and merely on apprehension and suspicion, 16 persons have been made accused, including all family members of the victim's husband. Petitioners are stated to be in custody since 03.07.2022. The husband of the deceased is also stated to be in custody.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for bail of the petitioners is allowed.

Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Muffasil P.S. Case No.230 of 2022, subject to the following conditions:

(i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related

Patna High Court CR. MISC. No.56013 of 2022(2) dt.16-12-2022 3/3 with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T