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Patna High CourtCR. MISC./2056/2023allowed

Umesh Thakur v. The State Of Bihar

2023-02-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2056 of 2023 Arising Out of PS. Case No.-431 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

UMESH THAKUR Son of Sri Baskeet Thakur Resident of VillageBhagwatpur Bhaluvahiya, P.S.- Shikarganj, District- East Champaran at Motihari 2.

PARVATI DEVI Wife of Umesh Thakur Resident of Village- Bhagwatpur Bhaluvahiya, P.S.- Shikarganj, District- East Champaran at Motihari 3.

VIKKI DEVI @ BIKKI DEVI D/O Umesh Thakur Resident of VillageBhagwatpur Bhaluvahiya, P.S.- Shikarganj, District- East Champaran at Motihari 4.

SUJIT KUMAR Son of Umesh Thakur Resident of Village- Bhagwatpur Bhaluvahiya, P.S.- Shikarganj, District- East Champaran at Motihari 5.

SUMIT KUMAR Son of Umesh Thakur Resident of Village- Bhagwatpur Bhaluvahiya, P.S.- Shikarganj, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 498(A), 504 and 34 of the IPC and sections 3 and 4 of Dowry Prohibition Act. As per the prosecution case, the F.I.R. named accused persons including the petitioners tried to kill the informant due to non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.2056 of 2023(2) dt.09-02-2023 2/2 They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws and family members of the informant. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Chiraiya (Shikarganj) P.S. Case No.431 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T