Madhukar Sahani v. Rani Devi

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr.Abhishek Kumar Mr.Anand Kishore Choudhary 3 03-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code. Petitioners are said to have committed murder of the daughter of the informant by pressing her neck. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners are the in-laws of the deceased. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus Patna High Court CR. MISC. No.18627 of 2023(3) dt.03-07-2023 allegation levelled against the petitioners. He submits that the husband of the deceased has already surrendered before the learned court below. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Adapur P.S. Case No. 291 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. However, learned court below is directed to accept the bail bond of the petitioners only after verifying the fact that the husband of the deceased is in judicial custody or not. devendra/- U T (Anjani Kumar Sharan, J)