The Patna High Court granted anticipatory bail to two petitioners in a case under Section 304B/34 IPC, conditional on their arrest or surrender within six weeks, bond furnishing, and compliance with Section 438(2) CrPC.
Enlargement on bail by furnishing bond of Rs.25,000 each with two sureties within six weeks, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48473 of 2022
Arising Out of PS. Case No.-4 Year-2021 Thana- DANIYAWAN District- Patna
======================================================
Amrita Devi Wife Of Sri Anuj Kumar Resident Of Village - Jago Bigha, P.S.Chandi, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 48498 of 2022
Arising Out of PS. Case No.-4 Year-2021 Thana- DANIYAWAN District- Patna
====================================================== Chandrawati Devi Wife Of Late Janardan Prasad Resident Of Village - Erai, P.S.- Daniyawan, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance : (In CRIMINAL MISCELLANEOUS No. 48473 of 2022) For the Petitioner/s : Mr.Ritesh Kumar For the Opposite Party/s : Mr.Parmanand Kumar (In CRIMINAL MISCELLANEOUS No. 48498 of 2022) For the Petitioner/s : Mr.Ritesh Kumar For the Opposite Party/s : Mr.Amitesh Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 08-12-2022
Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
Learned counsel for the petitioners undertakes to remove the defects within three weeks.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.48473 of 2022(2) dt.08-12-2022 2/2
the petitioners are innocent and has been falsely implicated in this case. He submits that the petitioners are the married Nanad and mother-in-law of the deceased. He submis that the husband of the deceased is already in judicial custody. He submits that there is general and omnibus allegation levelled against the petitioners. 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 Daniyawan P.S. Case No. 04 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
devendra/-
U T
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the case regarding Section 304B/34 IPC.
Whether the petitioners can be enlarged on bail if they surrender within six weeks from the date of the order.
1 provisions across 1 enactments
Amrita Devi
Chandrawati Devi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
