Dharmendra Kumar @ Mantu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65890 of 2023 Arising Out of PS. Case No.-383 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== 1.
Dharmendra Kumar @ Mantu Son Of Late Ramchander Singh Resident Of Village - Sarana, P.S. - Dinara, District - Rohtas 2.
Guddu Kumar Son Of Late Ramchander Singh Resident Of Village - Sarana, P.S. - Dinara, District - Rohtas 3.
Sindhu Devi Wife Of Binod Kumar Resident Of Village - Lohani, P.S. - Agaion Bazar, District - Bhojpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Paras Nath Singh Son Of Late Rem Sewak Singh Resident Of Pawani, P.S. - Nasriganj, District - Rohtas (Bihar) 821310 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subash Kumar, Adv.
For the Opposite Party/s :
Mr. Satya Nand Shukla, APP.
For the informant :
Mr. Surendra Kumar Mishra, Adv.
Mr. Shashikant, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.
3. As per the F.I.R., the allegation the petitioners is that they along with other co-accused persons have killed the daughter of the informant due to non- fulfillment of dowry demand.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.65890 of 2023(3) dt.23-01-2024 2/3 that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. Petitioner no.1 is husband, petitioner no.2 is brother-in-law and petitioner no.3 is married sister-in-law of the deceased. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that earlier informant has lodged an F.I.R. against the petitioners and others. Police has filed final form against the petitioners, later on, the informant has filed a Complaint case against the petitioners and others. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State and learned counsel for the opposite party no.2 opposed the prayer for bail of the petitioners.
6. Having regard to the facts and circumstances of the case, for one offence two cases have been lodged one by way of F.I.R. and one via complaint case and there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Patna High Court CR. MISC. No.65890 of 2023(3) dt.23-01-2024 3/3 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.383 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) annpurna/- U T