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Patna High CourtCR. MISC./24996/2024bail granted

Kamla Devi v. The State Of Bihar

2024-07-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24996 of 2024 Arising Out of PS. Case No.-455 Year-2023 Thana- PIRO District- Bhojpur ====================================================== 1.

Kamla Devi Wife Of Munna Chaudhary @ Munna Kumar Chaudhary Resident Of Village- Katar, Ps- Piro (HASAN Bazar Op), Dist- Bhojpur 2.

Munna Chaudhary @ Munna Kumar Chaudhary Son Of Late Purnwasi Chaudhary Resident Of Village- Katar, Ps- Piro (HASAN Bazar Op), DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Piro (Hasan Bazar) P.S. Case No. 455 of 2023 registered under Sections 304(B)/34 of the Indian Penal Code.

3. It is case of dowry death.

4. As per prosecution case, informant solemnized the marriage of her daughter with co-accused Sonu Chaudhary in the year 2018. From beginning of marriage, the husband and in laws of informant's daughter started torturing her physically and mentally and demanded Rs. 3 lakhs as dowry for establishing business. Due to non-fulfillment of demand of dowry, she was tortured and ill treated. It is further alleged that on 19.10.2023, all the F.I.R. named accused persons including these petitioners

Patna High Court CR. MISC. No.24996 of 2024(4) dt.31-07-2024 2/2 killed the daughter of the informant by hanging her.

5. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners are mother-in-law and father-in-law of the deceased respectively. Petitioners live separately and they have never tortured the deceased and demanded any dowry. Thrust of accusation is against husband of the deceased who is already in custody. Petitioners have got no criminal antecedent.

6. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Piro (Hasan Bazar) P.S. Case No. 455 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T