Prabhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70935 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.

Prabhawati Devi Wife of Subhash Giri Resident of Village - Rampur Khajuriya, P.S. - Dumariaghat, District - East Champaran. 2.

Sanjay Giri Son of Subhash Giri Resident of Village - Rampur Khajuriya, P.S. - Dumariaghat, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Srivastva For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 304B and 34 of the Indian Penal Code.

3. As per the FIR, the informant solemnized the marriage of her daughter with co-accused Rahul Giri in the year 2023. After a month of marriage, the husband and in-laws of her daughter started demanding dowry and also ill treated and tortured her on that account. On 05.06.2024, all the FIR named accused persons including the petitioners committed murder of the daughter of informant and concealed her dead body in the house.

Patna High Court CR. MISC. No.70935 of 2024(2) dt.22-10-2024 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the co-villagers of the in-laws of the deceased and the husband of the deceased is already in judicial custody since 13.09.2024. It is further submitted that similarly situated coaccused persons have already been granted anticipatory bail by a co-ordinate Bench of this Court. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as 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 Five Thousand) each with two

Patna High Court CR. MISC. No.70935 of 2024(2) dt.22-10-2024 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dumariaghat P.S. Case No.121 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T