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Patna High CourtCR. MISC./77568/2019bail granted

Dhanraj Nayak v. The State Of Bihar

2019-11-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77568 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- LADANIA District- Madhubani ====================================================== 1.

Dhanraj Nayak, aged about 27 years (Male), Son of Late Ghuran Nayak, Resident of Village- Birpur, Pipron, P.S.- Ladaniya, District- Madhubani. 2.

Laxminiya Devi, aged about 35 years, (Female), Wife of Dhanraj Nayak, Resident of Village- Birpur, Pipron, P.S.- Ladaniya, District- Madhubani. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Gagan Deo Yadav, Advocate.

For the Opposite Party :

Mr.Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 304(B) and 201/34 of the IPC.

The prosecution story, in brief, is that the accused persons including the petitioners killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is the brother-in-law (Bhaisur) and petitioner no. 2 is the sister-in-law

Patna High Court CR. MISC. No.77568 of 2019(2) dt.28-11-2019 2/2 (Gotani) of the deceased. They are separate in mess and property from the husband of the deceased. Other co-accused persons have been granted anticipatory bail by another Coordinate Benches of this Court vide Cr. Misc. No. 59962 of 2019 under order dated 23.09.2019 and Cr. Misc. No. 72708 of 2019 under order dated 19.11.2019.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Madhubani, in connection with Ladaniya P.S. Case No. 126 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T