Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67363 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1.
Dipu Kumar son of Dinesh Kumar @ Dinesh Yadav 2.
Rina Kumari Wife of Dipu Kumar 3.
Dinesh Kumar @ Dinesh Yadav Son of Musafir Yadav 4.
Malti Devi @ Manti Devi Wife of Dinesh Kumar @ Dinesh Yadav All are resident of Village- Madhopur Ps- Ghosi Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-03-2025 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Ghoshi P.S. Case No. 62/2024 registered for the offence(s) punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioners killed the daughter of the informant by strangulating her and thereafter disposed off her dead body by cremating hurriedly for nonfulfillment of demand of dowry.
Patna High Court CR. MISC. No.67363 of 2024(4) dt.22-03-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Petitioner no.1 is brother-in-law, petitioner no.2 is sister-in-law, petitioner no.3 is father-in-law and petitioner no.4 is the mother-in-law of the deceased. He further submitted that 1 and 1⁄2 year-old-son of deceased is being looked by mother-in-law of the deceased. He further submitted that petitioners had no concern with the matrimonial affairs of the deceased and her husband as they were living apart. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been made in the FIR that soon after the marriage, the deceased was subjected to cruelty for nonfulfillment of demand of dowry but considering the fact that petitioner nos.1 and 2 are brother-in-law and sister-in-law of the deceased and they are living separately and the petitioner no.3 is father-in-law of the deceased and no specific allegation has been made against him, the petitioners no.1, 2, and 3 , above named, are directed to be released on pre-arrest bail, in the
Patna High Court CR. MISC. No.67363 of 2024(4) dt.22-03-2025 3/3 event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghoshi P.S. Case No. 62/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. So far as petitioner no.4 is concerned, she is mother-in-law of the deceased and there is every likelihood that she had subjected the deceased to cruelty, leading to her death, I am not inclined to grant pre-arrest bail to the petitioner no.4.
8. The bail application stands dispose of (Purnendu Singh, J) Sanjay/- U T