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Patna High CourtCR. MISC./65782/2025allowed

Dipu Kumar v. The State Of Bihar

2025-09-17Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65782 of 2025 Arising Out of PS. Case No.-746 Year-2023 Thana- BIHTA District- Patna ====================================================== 1.

Dipu Kumar S/o Late Vijay Yadav R/o vill - Anandpur, P.S - Bihta, District - Patna 2.

Guriya Devi W/o Late Vijay Yadav R/o vill - Anandpur, P.S - Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Bihta P.S. Case No. 746 of 2023 dated 21.07.2023, registered for the offence punishable under Section 304(b)/34 of the Indian Penal Code.

3. The allegation against the petitioners and Chandan Kumar, who is the husband of the deceased, is that they have killed the daughter of the informant by assaulting and torturing her for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely

Patna High Court CR. MISC. No.65782 of 2025(2) dt.17-09-2025 2/3 implicated in this case. It is submitted that petitioner no. 1 is the younger brother of the husband of the deceased and petitioner no. 2 is the mother-in-law of the deceased. It is submitted there is no specific allegation against the petitioners, rather, the allegation against them is general and omnibus. It is further submitted that the husband of the deceased was put on trial and he has been acquitted in the present case vide judgment dated 12.07.2024 passed in Sessions Trial Case No. 209 of 2024. It is further submitted that the petitioners are living separately from the husband of the deceased, namely, Chandan Kumar and there is no involvement of the petitioner in day today affairs of Chandan Kumar and his wife. Lastly, it has been submitted that they have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Bihta P.S. Case No. 746 of 2023, they shall be released on

Patna High Court CR. MISC. No.65782 of 2025(2) dt.17-09-2025 3/3 anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Danapur, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T