Sharada Devi @ Sharad Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16271 of 2025 Arising Out of PS. Case No.-385 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== 1.

Sharada Devi @ Sharad Devi wife of Late Bhagirathi Bhagat @ Bhagirathi Mali village- Ward no. 7, D.K. Shikarpur, Ps- Shikarpur, dist- West Champaran 2.

Parmanand Bhagat @ Parmanad Bhagat son of Late Bhagirthi Bhagat @ Bhagirathi Mali village- Ward no. 7, D.K. Shikarpur, Ps- Shikarpur, distWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vatsal Verma, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-06-2025 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners seek bail in connection with Shikarpur P.S. Case No. 385 of 2024, instituted for the offences punishable under Sections 304-B and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioners along with other co-accused persons committed murder of informant's daughter due to non-fulfillment of dowry.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case as

Patna High Court CR. MISC. No.16271 of 2025(3) dt.17-06-2025 2/3 well as Charge has also been framed against the petitioners. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that petitioner no. 1 is mother-in-law and petitioner no. 2 is husband of the deceased. No demand of dowry was made by the petitioners. It is further submitted that petitioner no. 1 was arrested from her house and petitioner no. 2 had taken the deceased to the hospital from where he was arrested. Petitioner no. 1 is in custody since 17.07.2024, whereas petitioner no. 2 is in custody since 09.06.2024 and have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shikarpur P.S. Case No. 385 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.16271 of 2025(3) dt.17-06-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Rajorshi/- U T