Chuni Devi @ Chunuaa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76407 of 2023 Arising Out of PS. Case No.-391 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== 1.

CHUNI DEVI @ CHUNUAA DEVI W/o Vinod Mandal R/o vill - Rampur Bakhari, P.S. - Dumra, Distt. - Sitamarhi 2.

Vinod Mandal Son of Late Asharfi Mandal R/o vill - Rampur Bakhari, P.S. - Dumra, Distt. - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2023 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 Dumra P.S Case No. 391 of 2023 dated 09.08.2023 registered for the offence punishable u/ss 302, 304B read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the co-accused persons are alleged to have committed

Patna High Court CR. MISC. No.76407 of 2023(2) dt.12-12-2023 2/3 murder of the daughter of the informant due to nonfulfillment of the demand of the Rs. 2 lacs as dowry.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel has further submitted that the petitioner no.1 is the mother-in-law and the petitioner no.2 is the father-in-law of the deceased and at the time of occurrence they were not present at the place of occurrence. There is general and omnibus allegation against the petitioners. The petitioners neither demanded any dowry nor tortured the deceased. It is further submitted that the daughter of the informant had died due to handing. 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

Patna High Court CR. MISC. No.76407 of 2023(2) dt.12-12-2023 3/3 anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Dumra P.S Case No. 391 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) Nilmani/- U T