Umesh Das @ Ramesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71695 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.

Umesh Das @ Ramesh Das Son Of Paltu Das @ Kalpu Das Village- Paridah Ps- Hasanpur Dist- Samastipur 2.

Ganesh Das Son Of Paltu Das @ Kalpu Das Village- Paridah Ps- Hasanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Bhagwanpur P.S. Case No. 249 of 2022 dated 07.12.2022 registered for the offences punishable u/ss 498A, 304B and 201 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's sister due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners are the elder brothers (Bhainsur) of the husband of the deceased and they are living separately from the husband of the

Patna High Court CR. MISC. No.71695 of 2023(2) dt.08-01-2024 2/2 deceased since 2014. The petitioners neither demanded any dowry nor tortured the informant's sister. There is general and omnibus allegation against the petitioners. It is further submitted that the petitioners have no concern with the alleged offence, hence no case is made out against the petitioners. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the general and omnibus allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on 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, Begusarai in connection with Bhagwanpur P.S. Case No. 249 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

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