Suresh Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67902 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- KHUSRUPUR District- Patna ====================================================== 1.
Suresh Malik S/o Late Vittaya Malik R/o - Ward No. 9, Bhuski, P.S - Khusrupur, District - Patna 2.
Jitan Devi W/o Shri Suresh Malik R/o - Ward No. 9, Bhuski, P.S - Khusrupur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Raj Shekhar, Advocate For the State :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 103(1) and 3(5) of the B.N.S..
3. It is a case of dowry death. As per prosecution case, informant alleged that marriage of his daughter was solemnized with co-accused Ravi Malik about 7 years ago as per Hindu rites and rituals and thereafter, all the F.I.R. named accused persons, including these petitioners, committed torture and harassment with the victim due to non-fulfillment of additional demand of dowry and subsequently, all the accused persons committed
Patna High Court CR. MISC. No.67902 of 2025(4) dt.02-12-2025 2/3 murder of the victim.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be father-in-law and Petitioner No. 2 happens to be motherin-law of the deceased. Petitioners are separate in mess and property and have got no concern with the affairs of the deceased and her husband. Informant is not an eye witness of the alleged occurrence. Allegation of demand of dowry is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. As a matter of fact, the deceased committed suicide. Thrust of accusation is against husband of deceased who is already in custody since 18.04.2025. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
Patna High Court CR. MISC. No.67902 of 2025(4) dt.02-12-2025 3/3
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna City, Patna in connection with Khusarupur P.S. Case No. 126 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T