Mamta Devi @ Mamta Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16300 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

MAMTA DEVI @ MAMTA RANI Wife of Dilip Paswan R/v- Jiyarbigha, P.S.- Ashthawan, District- Nalanda 2.

MEDHAN PASWAN @ MEGHAN PASWAN Son of Late Sarjug Paswan R/v- Jiyarbigha, P.S.- Ashthawan, District- Nalanda 3.

RADHIKA DEVI Wife of Meghan Paswan R/v- Jiyarbigha, P.S.- Ashthawan, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Veena Kumari Jaiswal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 At the outset, learned counsel for the petitioner No. 2 seeks permission to withdraw the pre-arrest bail petition. This bail petition of petitioner No.2 is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos 1 and 3 and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 304 (B), 302, 120 (B)/ 34 of the Indian Penal Code.

It is a case of dowry death.

Petitioner no. 1 is sister-in-law (Gotni) and the

Patna High Court CR. MISC. No.16300 of 2023(3) dt.03-07-2023 2/2 petitioner no.3 is the mother-in-law of informant's daughter (deceased).

It is submitted that the petitioners are innocent and have falsely been implicated in this case and have got no concern with the couple. Petitioners are separate in mess and business. Thrust of allegation is against the husband of the deceased who is already in custody. As a matter of fact, the deceased herself committed suicide.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos 1 and 3, 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 learned C.J.M. Nalanda at Bihar Sharif in connection with Asthawan P.S. Case No. 194 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T