Manta Devi @ Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13842 of 2024 Arising Out of PS. Case No.-7 Year-2021 Thana- KARAI PARSURAI District- Nalanda ====================================================== Manta Devi @ Mamta Devi W/o- Dinesh Prasad Village- Sondh Bigha, PSKarai Parsurai, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh no.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Anil Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Aditya Narayan Singh No.1, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Karai Parsurai P.S.Case No.07/2021, registered for the offences punishable under Sections 304(B), 201/34 and 498 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioner along with the other accused persons for non-fulfilment of the demand of the dowry committed murder of the daughter of the informant and kept in hide the dead-body of the deceased.

4. Learned counsel appearing on behalf of the petitioner submitted that neither the petitioner subjected the daughter of the informant to cruelty nor demanded dowry and

Patna High Court CR. MISC. No.13842 of 2024(2) dt.12-03-2024 2/2 the present FIR has been lodged in a haste manner. Petitioner is mother-in-law of the deceased.

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

6. Having considered the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the FIR and after murder, the dead-body was hided. I am not inclined to grant pre-arrest bail to the petitioner, however, if the petitioner files an application for grant of bail then in that case, the district court is directed to call for the case diary and verify as to whether substantial evidence has been collected in course of the investigation to connect the petitioner in commission of murder. In case, there is minuscule evidence against the petitioner, the district court is directed to pass an order in accordance with law.

7. With the above observation/direction, the present bail application stands disposed of.

(Purnendu Singh, J) chn/- U