Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8140 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Champa Devi W/O Shri Bipin Bihari Prasad @ Bhikhari Prasad Resident of village - Hat Saraiya, P.S- Bairiya, District- West Champaran. 2.

Bipin Bihari Prasad @ Bhikhari Prasad S/O Late Saidnath Prasad @ Late Baidyanath Sah Resident of village - Hat Saraiya, P.S- Bairiya, DistrictWest Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, A.P.P.

Mr. AN Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-03-2025 Heard learned counsel for the parties.

2. The petitioners apprehend arrest in a case registered for the offence punishable under sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. It is a case of dowry death. Informant's daughter was married with Vijay Kumar Rajanish Kumar in 2015. After sometime, petitioners and their family members started subjecting the victim to cruelty and harassment for nonfulfilment of demand of dowry. On 28.9.2024 informant received information that his daughter is seriously ill and immediately he went there and learnt that his daughter was killed and dead body was also concealed.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.8140 of 2025(2) dt.06-03-2025 2/2 petitioners and no specific overt act has been alleged against them who happen to be mother-in-law and father-in-law of the deceased respectively. It is further submitted that the petitioners are separate in mess and business. Thrust of allegation is against the husband of the deceased who is already in custody.

5. Learned counsel for the State and informant oppose the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let both the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate III, Bettiah, West Champaran in Bairiya Police Station Case No. 340 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Shashi (Prabhat Kumar Singh, J) U T