Patna High CourtCR. MISC./74663/2023bail granted

Sadhana Devi v. The State Of Bihar

2023-12-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74663 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

Sadhana Devi W/O- Madan Pathak R/O- Pandit Pur, P.S.- Shakurabad, Dist.- Jehanabad 2.

Shimpl Devi W/O- Visnu Pathak R/O- Pandit Pur, P.S.- Shakurabad, Dist.- Jehanabad 3.

Gautam Pathak Madan Pathak R/O- Pandit Pur, P.S.- Shakurabad, Dist.- Jehanabad 4.

Shidhnath Pathak @ Shidhnath Kumar Madan Pathak R/O- Pandit Pur, P.S.- Shakurabad, Dist.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 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 connection with Shakurabad P.S. Case No. 84 of 2023 dated 29.04.2023 registered for the offences punishable under Sections 304B, 201 read with 34 further added u/s 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.74663 of 2023(2) dt.06-12-2023 2/3

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry and burnt her dead body.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioner No. 1 is mother-in-law, the petitioner No.2 is sister-inlaw and the petitioner no. 3 and 4 are brother-in-law of the deceased and they neither demanded dowry nor tortured the daughter of the informant. There is general and omnibus allegation against the petitioners. It is further submitted that the husband of the deceased is in judicial custody as stated in para. 13 of the bail petition. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two

Patna High Court CR. MISC. No.74663 of 2023(2) dt.06-12-2023 3/3 sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Shakurabad P.S. Case No. 84 of 2023, 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) atul/- U T