Birendra Prasad @ Birendra Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70837 of 2022 Arising Out of PS. Case No.-519 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

BIRENDRA PRASAD @ BIRENDRA GOND Son of Gupteshwar Gond Resident of village - Dhamwal, P.S.- Shahpur, District - Bhojpur. 2.

Sabita Devi Wife of Birendra Prasad @ Birendra Gond Resident of village - Dhamwal, P.S.- Shahpur, District - Bhojpur.

3.

Babita Devi Wife of Surendra Gond Resident of village - Dhamwal, P.S.- Shahpur, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304 (B) 201, 34 of the Indian Penal Code.

It is a case of dowry death.

Petitioner no. 1 is cousin brother husband of deceased, petitioner no.2 is the wife of petitioner no.1 and petitioner no.3 is cousin bhabhi of husband of deceased. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.70837 of 2022(2) dt.05-05-2023 2/2 case. It is further submitted that the petitioners are separate in mess and business and have got no concern with the affairs of the couple. Allegation is general and omnibus in nature against these petitioners. Thrust of allegation is against the husband of the deceased who is already in custody. Petitioners claim clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, 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 A.C.J.M 1 Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 519 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T