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Patna High CourtCR. MISC./70988/2021bail granted

Binod Kumar v. The State Of Bihar

2022-07-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70988 of 2021 Arising Out of PS. Case No.-333 Year-2021 Thana- RUPASPUR District- Patna ====================================================== 1.

BINOD KUMAR Son of Late Dewas Lal Singh Resident of Village - Saraswati Vihar Colony, Ambedkar Path, Rukanpura, P.s.- Rupaspur, Distt.- Patna.

2.

MIRA DEVI W/o Binod Kumar Resident of Village - Saraswati Vihar Colony, Ambedkar Path, Rukanpura, P.s.- Rupaspur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Anis Akhtar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rupaspur P.S. Case no. 333 of 2021 instituted for the offence punishable under Sections 498A, 323, 304B, 120B of the Indian Penal Code and Sections 3 and 4 of the D.P. Act. As per allegation in the FIR, petitioners along with his other family members have tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are mother-in-law and father-in-law of the deceased and have been falsely implicated in this case. They have

Patna High Court CR. MISC. No.70988 of 2021(2) dt.19-07-2022 2/2 never demanded any thing from the deceased. They have no concern with the daily activity of the deceased and her husband. Both are living separately. The sole responsibility to take care of wife is upon husband and not against his family members. It is further submitted that husband is languishing in judicial custody. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Rupaspur P.S. Case no. 333 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJMII, Danapur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U