Raju Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1488 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Raju Bind, age about 26 ys., Male, Son of Ram Surat Bind @ Sugriv Bind 2.

Prema Devi, age about 24 ys., Female, Wife of Raju Bind Both are R/o Village- Barhariya, P.S.- Chand, District- Kaimura at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-01-2024 Leaned counsel appearing on behalf of the petitioner submits that petitioner no.1 has been arrested and, as such, he wants to withdraw the present bail application so far as petitioner no.1 is concerned.

2. Accordingly, the present petition stands dismissed as withdrawn, as against petitioner no.1.

Heard Mr. Tribhuwan Narayan, learned counsel appearing on behalf of the petitioners and Mr. Vinod Shanker Modi, learned APP for the State.

2. The petitioner No.2 seeks pre-arrest bail in connection with Chand P.S. Case No. 200 of 2023 dated 11.10.2023 registered for the offence(s) punishable under Sections 304(B)/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.1488 of 2024(2) dt.31-01-2024 2/3

3. As per the allegation made in the FIR, the accused persons named therein killed the daughter of the sister of the informant for non-fulfillment of demand of dowry.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioner no.2 is sister in law of the deceased and she resides in different village soon after her marriage and she has no concern with the alleged offence and the family affairs of the husband of the deceased or the deceased. Husband of the deceased is in custody. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, and also the facts that petitioner no.2 is sister-in-law of the deceased and she was residing at the time of alleged commission of offence at her matrimonial house and the husband of the deceased is in custody, I am of the opinion that petitioner no.2 has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner no.2, Prema Devi, above named, is directed to be released on pre-arrest bail, in the event of her

Patna High Court CR. MISC. No.1488 of 2024(2) dt.31-01-2024 3/3 arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, kaimur at Bhabua in connection with Chand P.S. Case No. 200 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Sanjay/- U T