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Patna High CourtCR. MISC./73275/2023bail granted

Sabujba Devi v. The State Of Bihar

2023-11-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73275 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Sabujba Devi Wife Of Sri Saryug Yadav @ Saryug Prasad Resident Of Village Balchandbigha, P.S. Noorsarai, District Nalanda 2.

Saryug Yadav @ Saryug Prasad Son Of Late Kamal Yadav Resident Of Village Balchandbigha, P.S. Noorsarai, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Noorsarai P.S. Case No. 250 of 2023 dated 05.06.2023 registered for the offences punishable under Sections 302 and 498A read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have strangulated Anshu Devi to death and administered her poison due to non-fulfillment of demand of dowry.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case.

Patna High Court CR. MISC. No.73275 of 2023(2) dt.28-11-2023 2/2 There is general and omnibus allegation against the petitioners. The petitioners are mother-in-law and father-in-law of the deceased and they neither demanded dowry nor tortured the deceased. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 250 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T