Arti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84238 of 2023 Arising Out of PS. Case No.-375 Year-2018 Thana- PARSABAZAR District- Patna ====================================================== 1.
Arti Devi W/O MINTU RAY @ MINTU KUMAR R/O VILLAGEDARIAPUR, CHANDACHAK, P.S.- PARSA BAZAR, DIST.- PATNA 2.
MINTU RAY @ MINTU KUMAR SON OF ASHOK RAI R/O VILLAGEDARIAPUR, CHANDACHAK, P.S.- PARSA BAZAR, DIST.- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Parsa Bazar P.S. Case No. 375 of 2018 dated 17.11.2018 registered for the offence/s punishable u/s 304B read with section 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have assaulted and set the informant's daughter on fire after sprinkling kerosene oil and she died during the course of treatment at PMCH, Patna, due to non-fulfillment of demand of Rs. five lakhs and a car as dowry.
Patna High Court CR. MISC. No.84238 of 2023(2) dt.12-02-2024 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioner no. 1 is the Bhabhi of the husband of the deceased and the petitioner no. 2 is also the Bhaishur of the deceased. The petitioners neither demanded any dowry nor tortured the deceased. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 21.07.2022 passed in Cr. Misc. No. 33162 of 2021. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on 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, Patna in connection with Parsa Bazar P.S. Case No. 375 of 2018, subject to conditions as laid down under Section 438(2) of the Code of
Patna High Court CR. MISC. No.84238 of 2023(2) dt.12-02-2024 3/3 Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T