Radhika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72067 of 2022 Arising Out of PS. Case No.-160 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== 1.

RADHIKA DEVI Wife of Santu Sahani Resident of Village - Bhagawatpur, P.S.- Paroo, District - Muzaffarpur.

2.

Nandu Sahni Son of Late Daya Sahani Resident of Village - Bhagawatpur, P.S.- Paroo, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The allegation against the petitioners is that they are involved in the murder of the daughter of informant due to nonfulfillment of demand for dowry. 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 general and omnibus in nature. There is no specific overt act

Patna High Court CR. MISC. No.72067 of 2022(2) dt.02-05-2023 2/2 against the petitioners. Petitioner no.1 is the mother-in-law of the deceased and petitioner no.2 is the cousin father-in-law of the deceased and they have no concern with the daily affairs of the deceased. He further submits that the father-in-law of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

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

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 Paroo P.S. Case No.160 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T