Patna High CourtCR. MISC./28451/2024allowed

Premlata Devi v. The State Of Bihar

2024-06-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28451 of 2024 Arising Out of PS. Case No.-448 Year-2022 Thana- FALKA District- Katihar ====================================================== 1.

Premlata Devi W/o Suresh Yadav @ Suro Yadav R/o vill - Khota, P.s. - Falka (Pothia), Distt. - Katihar 2.

Sangita Devi W/o Bipin Kumar Yadav R/o vill - Khota, P.s. - Falka (Pothia), Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2024 Heard learned counsel for the petitioners and learned APP for the state

2. The petitioners are apprehending their arrest in connection with Falka (Pothia) P.S. Case No. 448 of 2022 instituted for the offence u/s 304(B) and 34 of the Indian Penal Code.

3.It is a case of dowry death due to non-fulfillment of demand of dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in this case. It is further submitted that the petitioners are the mother-in-law and married sister-in-law of the deceased and

Patna High Court CR. MISC. No.28451 of 2024(3) dt.28-06-2024 2/2 they have no concern with the mess and business of the deceased as well as her husband. It is further submitted that husband of the deceased is behind the bar. It is submitted that co-accused Suresh Yadav has been enlarged on bail vide order dated 11.09.2023 passed in Cr. Misc. No. 33836 of 2023 by this Court. The petitioners have no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstance of the case, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.MIII, Katihar in connection with Falka (Pothia) P.S. Case No. 448 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C.

(Sunil Kumar Panwar, J) Prakash/- U