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Patna High CourtCR. MISC./86009/2019bail granted

Raju Laheri v. The State Of Bihar

2020-01-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86009 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- GAURICHAK District- Patna ====================================================== 1.

RAJU LAHERI Son of Chaturbhuj Laheri @ Chaturgun Laheri Resident of Village- Usfa, P.S.- Gaurichak, District- Patna. 2.

Shankar Kumar Laheri @ Shankar Kumar Son of Chatrubhuj Laheri @ Chaturgun Laheri Resident of Village- Usfa, P.S.- Gaurichak, District- Patna. 3.

Krishna Kumar Laheri @ Krishna Kumar Son of Chaturbhuj Laheri @ Chaturgun Laheri Resident of Village- Usfa, P.S.- Gaurichak, District- Patna. 4.

Kumar Saw Laheri @ Kumar Saw Son of Chaturbhuj Laheri @ Chaturgun Laheri Resident of Village- Usfa, P.S.- Gaurichak, District- Patna. 5.

Mano Devi W/o Chaturbhuj Laheri @ Chaturgun Laheri Resident of Village- Usfa, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Gaurichak P.S. Case No. 214 of 2019, registered for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code.

The allegation is regarding the accused persons having killed the deceased victim lady on account of non-fulfillment of demand for dowry.

Patna High Court CR. MISC. No.86009 of 2019(2) dt.23-01-2020 2/3 The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and they are having a clean antecedent. It is submitted that the petitioner nos.1 to 4 are the brother-in-law of the deceased victim lady and the petitioner no. 5 is the mother-in-law of the deceased victim lady. It is further submitted by referring to paragraph no. 14 of the present petition that the husband of the deceased victim lady has already surrendered before the learned court below in the present case, hence, there is no impediment in granting anticipatory bail to the petitioners herein inasmuch as no prejudice would be caused to the prosecution.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, coupled with the fact that the husband of the deceased victim lady is in custody and a general and omnibus allegation has been levelled against the petitioners, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.

Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing

Patna High Court CR. MISC. No.86009 of 2019(2) dt.23-01-2020 3/3 bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna City in connection with Gaurichak P.S. Case No. 214 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T