Neetu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71694 of 2024 Arising Out of PS. Case No.-562 Year-2023 Thana- JAMUI District- Jamui ====================================================== 1.
Neetu Kumari W/o Vikash Kumar @ Bikash @ Jitendra Kumar R/o VillageRanhan, P.S.- Sikandra, District- Jamui 2.
Vikash Kumar @ Bikash @ Jitendra Kumar S/o Mr. Ramdeo Ram R/o Village- Ranhan, P.S.- Sikandra, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ritwik Thakur, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard Ld. counsel for the petitioners and Ld. APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Jamui PS. Case No.562 of 2023, dated 14.09.2023 registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
3. As per allegation, the Petitioners along with other co-accused have caused dowry death of the daughter of the Informant.
4. Ld. counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.71694 of 2024( 2) dt.23-10-2024 2/3 case. He further submits that the Petitioners are sister-in-law and husband of the sister-in-law of the deceased, and the sister-inlaw of the deceased was already married in 2019 and since then she along with her husband has been living in Delhi and they have no connection with the affairs of the deceased and her husband.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.
7. Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Chief Judicial Magistrate, Jamui, in connection with Jamui PS. Case No.562 of 2023, subject to the
Patna High Court CR. MISC. No.71694 of 2024( 2) dt.23-10-2024 3/3 conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J.) Chandan/- U T