Patna High CourtCR. MISC./73076/2023bail granted

Punam Devi v. The State Of Bihar

2023-11-23Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73076 of 2023 Arising Out of PS. Case No.-773 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== 1.

Punam Devi W/O Dhanushdhari Paswan R/O Village- Birupur, PostGhoshi, District- Jehanabad 2.

Priyanka Kumari W/O Naresh Kumar Toni @ Chhotu Kumar R/O VillageBirupur, Post- Ghoshi, District- Jehanabad 3.

Naresh Kumar Toni @ Chhotu Kumar Son Of Dhanushdhari Paswan R/O Village- Birupur, Post- Ghoshi, District- Jehanabad 4.

Pramod Kumar Son Of Dhanushdhari Paswan R/O Village- Birupur, PostGhoshi, District- Jehanabad ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in a case in connection with Ghoshi P.S. Case No. 773 of 2022 dated 03.12.2022 registered for the offences punishable u/ss 302 and 201 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners are alleged to have killed the informant's daughter by strangulating her.

Patna High Court CR. MISC. No.73076 of 2023(2) dt.23-11-2023 2/2

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no demand of dowry. The informant in his deposition stated that his daughter died from the cold. The petitioner no. 1 is the mother-inlaw, the petitioner no. 2 is the Gotni and the petitioner no. 3 and 4 are the Devar of the deceased. As per impugned order, postmortem was not conducted on the deceased. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on 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, Jehanabad in connection with Ghoshi P.S. Case No. 773 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T