Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81399 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.

ROHIT KUMAR S/O HARDEO RAI R/O VILLAGE- NANFAR, PS. MARHOWRAH, DIST. SARAN 2.

SANDHYA KUMARI D/O HARDEO RAI R/O VILLAGE- NANFAR, PS. MARHOWRAH, DIST. SARAN 3.

MUNNI DEVI @ MUNNA DEVI W/O HARDEO RAI R/O VILLAGENANFAR, PS. MARHOWRAH, DIST. SARAN 4.

HARDEO RAI S/O LEAT MEVA RAI R/O VILLAGE- NANFAR, PS. MARHOWRAH, DIST. SARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Yadav, Adv.

For the Opposite Party/s :

Ms.Gulnar Begum, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B), 120(B), 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioners, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting.

Patna High Court CR. MISC. No.81399 of 2023(2) dt.21-12-2023 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are in-laws of the deceased. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Learned counsel for the petitioner further submits at bar, that the husband of the deceased has already surrendered before the learned Court below on 20.12.2023. Petitioner have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as husband of the deceased has surrendered before the learned Court below, 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 lower Court where the case is pending/successor Court in connection with Madhaura P.S. Case

Patna High Court CR. MISC. No.81399 of 2023(2) dt.21-12-2023 3/3 No. 157 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned Court below is directed to verify the fact whether the husband of the deceased has surrendered or not before the learned Court below on 20.12.2023 and if it is found that he has not surrendered yet, then the bail bonds of the petitioners shall not be accepted.

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