Birbal Kumar Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74039 of 2024 Arising Out of PS. Case No.-140 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== 1.

Birbal Kumar Sada S/o- Becho Sada @ Bachan Sada @ Vachan Sada Resident of Murasi Ward No- 3 PS- Beldaur District-Khagaria 2.

Becho Sada @ Bachan Sada @ Vachan Sada Son of Late Hivharan Sada @ Himaran Sada Resident of Murasi Ward No- 3 PS- Beldaur DistrictKhagaria 3.

Rekha Devi @ Rekha Kumari W/o- Durlav Kumar Sada @ Durbal Kumar Sada Resident of Murasi Ward No- 3 PS- Beldaur District-Khagaria 4.

Urmila Devi @ Samtola Devi Wife of Becho Sada @ Bachan Sada @ Vachan Sada Resident of Murasi Ward No- 3 PS- Beldaur District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Beldaur P.S. Case No. 140/2024 dated 10.05.2024 registered for the offence punishable u/s 304B and 201 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused person along with 4-5 unknown miscreants are alleged to have killed the informant's sister due to nonfulfillment of demand of Rs. 1 lac and a motorcycle as dowry

Patna High Court CR. MISC. No.74039 of 2024(2) dt.23-10-2024 2/3 and they disposed of her dead body in the maize field.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner no. 1 is bhaisur, the petitioner no. 2 is father-in-law, the petitioner no. 3 is first wife of the deceased husband and the petitioner no. 4 is mother-inlaw of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. It is submitted that the deceased was not subjected to torture and cruelty soon before her death for or in connection with demand of dowry. 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 prayer of anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, 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, Khagaria in connection with Beldaur P.S. Case No.

Patna High Court CR. MISC. No.74039 of 2024(2) dt.23-10-2024 3/3 140/2024, 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) atul/- U T