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Patna High CourtCR. MISC./72421/2024allowed

Vindeshwar Bhagat @ Vindeshwari Bhagat v. The State Of Bihar

2024-10-23Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72421 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Jai Bajrang District- East Champaran ====================================================== 1.

Vindeshwar Bhagat @ Vindeshwari Bhagat Son of Chhedan Bhagat @ Late Dhanesar Bhagat @ Chhedari Bhagat Resident of Village- Bishambharpur, P.S.- Jay Bajrang, Distt.- East Champaran 2.

Sita Devi @ Sumitra Devi Wife of Vindeshwar Bhagat @ Vindeshwari Bhagat Resident of Village- Bishambharpur, P.S.- Jay Bajrang, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Jai Bajrang P.S. Case No. 8 of 2024 registered for the offences punishable under Sections 304(B), 302 and 34 of the IPC.

3. As per prosecution case, petitioners and other is said to have committed the murder of informant's daughter for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence

Patna High Court CR. MISC. No.72421 of 2024(2) dt.23-10-2024 2/3 as alleged in the FIR and they have falsely been implicated in this case just because petitioner no. 1 is father-in-law and petitioner no. 2 is mother-in-law of the deceased. He further submits that there is no specific allegation against petitioners rather the same is general and omnibus in nature. Learned counsel further submits that petitioners are residing separately and they have no say in the family affairs of the deceased. Petitioners bear criminal antecedent of one case in which final form has already been submitted.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, petitioners have no say in the family affairs of the deceased, argument advanced on behalf of both sides, the petitioners above-named in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sadar Motihari, East Champaran in connection with Jai Bajrang

Patna High Court CR. MISC. No.72421 of 2024(2) dt.23-10-2024 3/3 P.S. Case No. 8 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) vashudha/- U T