Sangeeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70938 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Sangeeta Devi Wife Of Arjun Sahani Village- Bairiyadih Ps- Harsidhi DistE.Champaran At Motihari 2.

Arjun Sahani Son Of Late Chaturi Sahani Village- Bairiyadih Ps- Harsidhi Dist- E.Champaran At Motihari 3.

Bhim Sahani @ Bhim Kumar Son Of Late Chaturi Sahani VillageBairiyadih Ps- Harsidhi Dist- E.Champaran At Motihari 4.

Harishankar Sahani @ Shankar Sahani @ Harishankar Thakur Son Of Late Mohan Sahani Village- Bairiyadih Ps- Harsidhi Dist- E.Champaran At Motihari 5.

Rajesh Sah Son Of Shankar Sahani Village- Bairiyadih Ps- Harsidhi DistE.Champaran At Motihari 6.

Ramesh Sahani @ Ramesh Chaudhary Son Of Shankar Sahani VillageBairiyadih Ps- Harsidhi Dist- E.Champaran At Motihari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 71988 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Ajay Sahni @ Ajay Sahani @ Ajay Kumar S/O Late Chaturi Sahni VillageBairiyadih, Ps. Harsidhi, Dist. East Champaran At Motihari ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 70938 of 2023) For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 71988 of 2023) For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023

1. Heard learned counsel for the parties.

2. Learned counsel for the petitioners seeks

Patna High Court CR. MISC. No.70938 of 2023(2) dt.29-11-2023 2/3 permission to withdraw this application with regard to petitioner in Cr. Misc. No. 71988 of 2023.

3. Permission is accorded.

4. Accordingly, this application with regard to petitioner in Cr. Misc. No. 71988 of 2023 is dismissed as withdrawn.

5. Now, this application is being heard only with regard to petitioners in Cr. Misc. No. 70938 of 2023 only.

6. Heard learned counsel for the petitioners and learned APP for the State.

7. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304(B) and 302/34 of the Indian Penal Code pending in the learned court below.

8. As per the prosecution case, petitioners are said to have killed the daughter of the informant on non-fulfillment of the demand of dowry.

9. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that

Patna High Court CR. MISC. No.70938 of 2023(2) dt.29-11-2023 3/3 petitioners are in laws of the deceased and family members of the in laws of the deceased. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

10. Learned APP for the State opposes the prayer for bail.

11. Considering the aforesaid facts and circumstances, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Harsidhi P.S. Case No.385 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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