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Patna High CourtCR. MISC./78279/2023allowed

Sumitra Devi v. The State Of Bihar

2023-12-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78279 of 2023 Arising Out of PS. Case No.-301 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== 1.

SUMITRA DEVI W/O RAJESHWAR YADAV @ RAJESH YADAV R/O VILLAGE- BEHIND DHARAMSHALA ROAD, P.O. AND P.S.- RAJGIR, DIST.- NALANDA 2.

RAJESHWAR YADAV @ RAJESH YADAV SONOF LATE GANAURI YADAV R/O VILLAGE- BEHIND DHARAMSHALA ROAD, P.O. AND P.S.- RAJGIR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Ranjan Sinha For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 120B, 34 of the Indian Penal Code.

3. Allegedly, the petitioners are said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.78279 of 2023(2) dt.08-12-2023 2/2 general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the petitioners are the in-laws of the deceased. The husband of the deceased is already in judicial custody, which is also mentioned in para-16 of the bail application. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajgir P.S. Case No.301 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T