Moti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62105 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Moti Kumari W/O Amit Kumar @ Amit Choudhary R/O VillageMaksudanpur, Ward No. 7, Ps. Ballia, Dist. Begusarai 2.

Amit Kumar @ Amit Choudhary S/O Ramprit Choudhary R/O VillageMaksudanpur, Ward No. 7, Ps. Ballia, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 304B, 34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with family members have tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is the married sister-in-law (Nanad) and petitioner no. 2 is the brother-in-law (Nandosi) of the deceased and both were falsely implicated in this case. They had

Patna High Court CR. MISC. No.62105 of 2023(2) dt.15-09-2023 2/2 never demanded any thing from the deceased of her family members. The allegation against the petitioners are vague and omnibus in nature and no any specific overt act has been made against them. Both are living separately and they have no concern with the mess and business of the deceased and her husband. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of the deceased is in judicial custody. Petitioners have got not criminal antecedents and are languishing in judicial custody since 11.06.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Muffasail P.S. Case No. 303 of 2023.

(Sunil Kumar Panwar, J) lata/- U T