Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22550 of 2024 Arising Out of PS. Case No.-6 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== 1.

Meena Devi WIFE OF DURGANAND MANDAL RESIDENT OF VILLAGE- KOTHARPUR WARD NO. 09, PS- KURSAKANTA, DISTTARARIA 2.

DURGANAND MANDAL SON OF LATE JANGLU MANDAL RESIDENT OF VILLAGE- KOTHARPUR WARD NO. 09, PSKURSAKANTA, DISTT- ARARIA 3.

AKHILESH MANDAL @ AKHILESH SON OF DURGANAND MANDAL RESIDENT OF VILLAGE- KOTHARPUR WARD NO. 09, PSKURSAKANTA, DISTT- ARARIA 4.

BABITA DEVI WIFE OF AKHILESH MANDAL RESIDENT OF VILLAGE- KOTHARPUR WARD NO. 09, PS- KURSAKANTA, DISTTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 306/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant's deceased daughter got married with co-accused Suraj Mandal and husband of the informant's daughter died one year ago and since then, the FIR named accused persons including the

Patna High Court CR. MISC. No.22550 of 2024(2) dt.20-03-2024 2/3 petitioners used to torture the informant's daughter. It is further alleged that the daughter of the informant committed suicide due to continuous torture and harassment done by the accused persons.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. Petitioners are in-laws and family of in-laws of the deceased. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is no role of the petitioners in suicide of the deceased. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as petitioner nos. 1 & 4 are females, let the above named petitioner nos. 1 & 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.22550 of 2024(2) dt.20-03-2024 3/3 connection with Kursakanta P.S. Case No. 06 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, there is serious allegation of committing torture upon the informant's daughter, I am not inclined to enlarge petitioner nos. 2 & 3 on anticipatory bail. The prayer for anticipatory bail of the petitioner nos. 2 & 3 is hereby rejected.

8. Accordingly, the application stands partly allowed. (Anjani Kumar Sharan, J) divyanshi/- U T