Bijanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71654 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- MASAUDHI District- Patna ====================================================== 1.

Bijanti Devi Wife Of Mukendra Singh Residents Of Village Mayabigha Police Station Masaurhi District Patna 2.

Mukendra Singh Son Of Baudh Prasad Residents Of Village Mayabigha Police Station Masaurhi District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Masaurhi P.S. Case No. 242 of 2023 dated 12.04.2023 instituted for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the informant's sister was killed and her body was burnt due to non-fulfillment of dowry demand of five lakh rupees and a motorcycle, by the petitioner and her other in-laws.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the petitioner no. 1 is the mother-in-

Patna High Court CR. MISC. No.71654 of 2023(3) dt.27-02-2024 2/2 law and petitioner no. 2 is the father-in-law of the deceased. Learned counsel for the petitioner submits that there is no specific allegation against the petitioners. The specific allegation of demand of dowry is against the husband of the deceased. During investigation, no witness has supported the allegation against the petitioners. Learned counsel for the petitioner submits that the husband of the deceased is behind the bars. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Masaurhi P.S. Case No. 242 of 2023, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Masaurhi, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T