Patna High CourtCR. MISC./1272/2024partly allowed disposal

Dinesh Ram v. The State Of Bihar

2024-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1272 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- NAUTAN District- Siwan ====================================================== 1.

DINESH RAM SON OF RAM KUWAR RAM RESIDENT OF VILLAGE - KOIREE TOLA, POLICE STATION - NAUTAN, DISTRICT - SIWAN 2.

BINOD RAM SON OF RAM KUWAR RAM RESIDENT OF VILLAGE - KOIREE TOLA, POLICE STATION - NAUTAN, DISTRICT - SIWAN 3.

MEERA DEVI WIFE OF BINOD RAM RESIDENT OF VILLAGE - KOIREE TOLA, POLICE STATION - NAUTAN, DISTRICT - SIWAN 4.

AMARJEET KUMAR SON OF BINOD RAM RESIDENT OF VILLAGE - KOIREE TOLA, POLICE STATION - NAUTAN, DISTRICT - SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. The allegation against the petitioners is that they killed the daughter of the informant in association with each other on the pretest of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no

Patna High Court CR. MISC. No.1272 of 2024(2) dt.07-02-2024 2/3 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the husband of the deceased and rest of the petitioners are the in-laws of the deceased. He further submits that the mother-in-law and brother-in-law of the deceased is already in judicial custody. Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as the petitioner no.1 is the husband of deceased and he was bound to ensure the safety and dignity of his wife at her matrimonial house, therefore, I am not inclined to enlarge the petitioner no.1 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. However, as there is general and omnibus allegation against the petitioner nos.2, 3 and 4 are simple in nature, let the above named petitioner nos.2. 3 and 4, 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

Patna High Court CR. MISC. No.1272 of 2024(2) dt.07-02-2024 3/3 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 Nautan P.S. Case No.164 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T