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Patna High CourtCR. MISC./69485/2022bail granted

Dulari Devi v. The State Of Bihar

2023-07-03Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69485 of 2022 Arising Out of PS. Case No.-449 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

DULARI DEVI Wife of Shambhu Rai Resident of Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran 2.

CHHATIYA DEVI Wife of Bhikhari Rai Resident of Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran 3.

BHIKHARI RAI Son of Late Rekha Rai Resident of Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran 4.

SHAMBHU RAI Son of Bhikhari Rai Resident of Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran 5.

RAJKUMAR RAI Son of Bhikhari Rai Resident of Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran 6.

PRABHU RAI Son of Bhikhari Rai Resident of Village- Laxmipur, P.S.- Motihari Mufasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(b) and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner nos. 2 and 3 are parent of the husband of the deceased and petitioner no. 1 is married sister-in-law of the husband of the deceased

Patna High Court CR. MISC. No.69485 of 2022(4) dt.03-07-2023 2/2 and petitioner nos. 4, 5 and 6 are elder brother of the husband of the deceased, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that the allegation of demand of dowry and torture is general and omnibus in nature, it is further submitted that the petitioners are separate in mess and property from the husband of the deceased and the husband of the deceased is in custody. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Motihari Mufasil P.S. Case No. 449 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T