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Patna High CourtCR. MISC./79920/2024allowed

Pinki Devi v. The State Of Bihar

2025-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79920 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== 1.

Pinki Devi W/O Shankar Thakur @ Jai Shankar Thakur R/O VillChikanauta, Bishundatpur, P.S.- Karja, Distt- Muzaffarpur 2.

Shankar Thakur @ Jai Shankar Thakur S/O Late Rajdev Thakur R/O VillChikanauta, Bishundatpur, P.S.- Karja, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 304(B), 120(B), 34 of IPC. 3.

Allegedly, all the FIR named accused persons including the petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the sister of the informant.

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 due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act attributed against the

Patna High Court CR. MISC. No.79920 of 2024(3) dt.17-01-2025 2/2 petitioners. There is general and omnibus allegation against the petitioners. Petitioner no. 1, is married nanad and petitioner no. 2 is nandoshi of the deceased who live in another village and have never demanded dowry. Husband of the deceased is already under judicial custody as mentioned in para 10 of the bail application. Petitioner no. 1 has four criminal antecedents and petitioner no. 2 has criminal antecedents as mentioned in para 3 of the bail application and supplementary affidavit.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that there is no specific overt act attributed 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 Karja P.S. Case No.134 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T