Manoj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86225 of 2024 Arising Out of PS. Case No.-445 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Pramod Das ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85715 of 2024 Arising Out of PS. Case No.-445 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Indrakala Devi @ kala devi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86235 of 2024 Arising Out of PS. Case No.-445 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Manoj Das ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 86225 of 2024) For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Ganesh Prasad Singh (In CRIMINAL MISCELLANEOUS No. 85715 of 2024) For the Petitioner/s :
Mr.Munish Om Prakash Singh For the Opposite Party/s :
Mr.Nand Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 86235 of 2024) For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
2/4 ORAL ORDER 09-05-2025 All the three cases are being taken up together as they arise out of the same police station case.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. Petitioners apprehend their arrest in a case registered for the offences punishable under sections 304B, 201 of the Indian Penal Code.
4. Learned counsel for the petitioner at the outset, prays for withdrawal of the application on behalf of Manoj Das, the husband of the deceased lady, who is petitioner in Cr. Misc. No. 86235 of 2024.
5. In such view of the matter, permission is accorded and the application on behalf of the petitioner Manoj Das is thus dismissed as withdrawn.
6. The petitioners in Cr. Misc, No.86225 of 2024 are the brother-in-law and sister-in-law of the deceased and in Cr. Misc. No.85715 of 2024, the petitioners are mother-in-law and father-in-law of the deceased.
7. The allegation in the FIR, are general and omnibus in nature and it has been stated that all the co-accused persons have caused the death of the deceased on account of nonfulfillment of dowry.
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8. Learned counsel for the petitioners submits that it would be clear from the FIR itself, that there is general and omnibus allegation that an amount of Rs. 2 lakh was being asked for the purposes of business of the husband Manoj Das. It has been stated on behalf of the petitioners that there was cordial relationship with the deceased and the petitioners however, they were staying separately from the deceased since long. It is submitted that the deceased has suffered heart attack while cooking and she was immediately taken to the hospital for treatment but she died on way. It is also a fact that the parents of the deceased were informed and they had participated in the funeral ceremony with regard to which, some photographs have been attached which is annexed as Annexure-2 to the petition. So far as the case of the mother-in-law, father-in-law and brother-in-law is concerned, they are also staying separately from the husband of the deceased.
9. The learned APP for the State opposes the anticipatory bail of the petitioners.
10. Considering the facts that there is general and omnibus allegation against all the accused persons and the anticipatory bail application on behalf of the husband, who is primarily responsible for the welfare of the wife, is being
4/4 withdrawn, I am inclined to grant privilege of anticipatory bail to the other petitioners, who are in-laws of the deceased. Accordingly, in the event of their arrest/ surrender within a period of four weeks from today the petitioners shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)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 Madhubani Town P.S.Case No. 445 of 2022, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall co-operate in investigation/ trial.
(Soni Shrivastava, J) N.K/- U T