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Patna High CourtCR. MISC./3826/2023allowed

Upendra Das v. The State Of Bihar

2023-04-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3826 of 2023 Arising Out of PS. Case No.-82 Year-2021 Thana- CHANDRAMANDI District- Jamui ====================================================== 1.

Upendra Das Son Of Dwarika Das R/O Village- Charaiya, P.S.- Simultalla, District- Jamui 2.

Radhiya Devi Wife Of Upendra Das R/O Village- Charaiya, P.S.- Simultalla, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 304/34 of the Indian Penal Code pending in the learned court below. Allegation against the petitioners is that he kill the daughter of the informant by pouring kerosene oil over body of her upon non-fulfillment of the demand of dowry. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.1 is brother-in-law and petitioner no.2 is sister-in-law of the deceased. He submits

Patna High Court CR. MISC. No.3826 of 2023(2) dt.06-04-2023 2/2 that husband of the deceased is already in judicial custody mentioned para-13 of the bail application. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegations levelled against the petitioners, 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 Chandramandih P.S. Case No.82/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T