Bibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6137 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Bibha Kumari W/O Dheeraj Kumar R/Village- Shisho Bigha, Ps. Karpi, Distt. Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand Neeraj, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

3. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Ghosi (Okari o.p.) P.S. Case No. 169 of 2023 registered for the offences punishable under Sections 304 (B)/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. The allegation against the petitioner is to cause death of daughter of informant due to non-fulfillment of demand of dowry as raised for cash of Rs. 2,00,000/-.

Patna High Court CR. MISC. No.6137 of 2024(2) dt.17-02-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case only out of relation being sister-in-law. It is submitted that petitioner is a married lady and living separately, having no connection, with the daily and domestic affairs of the in-laws family of deceased and moreover allegation is appearing very much general and omnibus. It is also pointed out that husband of deceased in custody and petitioner is a lady of clean antecedent and moreover co-accused Soni Kumari, has already granted bail by one of the learned CoOrdinate Bench of this Court through Cr. Misc. No. 72351 of 2023 vide order dated 09.11.2023.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid facts and circumstances and by taking note of the fact as petitioner is married lady living separately and having no connection with daily and domestic affairs with deceased and her family, accordingly the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.6137 of 2024(2) dt.17-02-2024 3/3 the satisfaction of the learned Chief Judicial Magistrate, Jehanabad/concerned Court below where the case is pending in connection with Ghosi (Okari o.p.) P.S. Case No. 169 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T