← Library
Patna High CourtCR. MISC./2748/2024bail granted

Gangadhar Pathak v. The State Of Bihar

2024-03-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2748 of 2024 Arising Out of PS. Case No.-176 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

GANGADHAR PATHAK SON OF LATE RAM NARAIN PATHAK RESIDENT OF VILLAGE - KHARAUNA DIH, P.S. - KURHANI, DISTRICT - MUZAFFARPUR 2.

MANJOO DEVI WIFE OF GANGADHAR PATHAK RESIDENT OF VILLAGE - KHARAUNA DIH, P.S. - KURHANI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shishir Kumar , Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 302/ 34 of the Indian Penal Code .

3 . As per the prosecution case , the daughter of the informant Nikki Devi solemnized marriage with co-accused Vijay Pathak in the year of 2012. It is further alleged that after some days of marriage these petitioners along with other co-accused persons started

Patna High Court CR. MISC. No.2748 of 2024(3) dt.07-03-2024 2/3 torturing and harassing her for the demand of dowry and due to non-fulfillment of the demand of dowry she was killed by the accused persons.

4. Petitioner No. 1 is father-in-law and Petitioner No. 2 is mother-in-law of the deceased. They are separate in mess and property. There is no specific allegation is alleged against them and they have no concern with the love affairs between the couple. Thrust of accusation is against the husband of the deceased who has already granted regular bail from the Coordinate Bench of this Court vide order dated 21.02.2024 in Cr. Misc. No. 74441 of 2023 . Petitioners claim clean antecedent.

5 . Learned counsel for the State opposes the bail petition .

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let these petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each

Patna High Court CR. MISC. No.2748 of 2024(3) dt.07-03-2024 3/3 with two sureties of the like amount each to the satisfaction of the learned ACJM 1st Muzzaffarpur , West Muzaffarpur in connection with Kurhani P . S. Case No . 176 of 2023 , subject to the conditions laid down under section 438 of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T