Bijesh Kumar @ Biresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86167 of 2023 Arising Out of PS. Case No.-404 Year-2022 Thana- BHELDI District- Saran ====================================================== 1.
Bijesh Kumar @ Biresh Kumar Son Of Jaipal Ray @ Japal Ray Resident Of Village- Katsa Siswajan, Ps- Bheldi, Dist- Saran 2.
Ganeshi Kumar @ Ganeshi Ray Son Of Jaipal Ray @ Japal Ray Resident Of Village- Katsa Siswajan, Ps- Bheldi, Dist- Saran 3.
Priyanka Kumari Wife Of Ankit Ray Resident Of Village- Bangari Basant, Ps- Garkha, Distt- Saran ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code.
3. As per the prosecution case, petitioners along with other co-accused persons are said to have committed murder of the daughter of the informant due to non-fulfillment of the dowry demand.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.86167 of 2023(2) dt.18-01-2024 2/3 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that petitioners no. 1 and 2 are brother-in-law of the deceased and petitioner no. 3 is married sister-in-law of the deceased. He further submits that the husband of the deceased is already in judicial custody. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, 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 with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bheldi P.S. Case No.404 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Learned Court below is directed to verify the fact that whether the husband of the deceased is in judicial custody or not. If the husband of the deceased is not in judicial
Patna High Court CR. MISC. No.86167 of 2023(2) dt.18-01-2024 3/3 custody, then the bail bond of the petitioners shall not be accepted by the learned Court below.
(Anjani Kumar Sharan, J) anand/- U T