Patna High CourtCR. MISC./25861/2024bail granted

Mina Devi v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25861 of 2024 Arising Out of PS. Case No.-792 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Mina Devi WIFE OF BHIM SHANKAR SHAH Village- Tedhi Mushahari Ward No 7 P S- Forbesganj Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 792 of 2023 instituted for the offences punishable under Sections 304B/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the sister of the informant due to nonfulfillment of dowry demand.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased and there is no eye-witness to the alleged occurrence. Charge-sheet has been submitted in this case. He submitted that the petitioner has no concern with mess and business of the deceased as well as her

Patna High Court CR. MISC. No.25861 of 2024(2) dt.05-04-2024 2/2 husband and she lives separately from them. There is no specific overt act against the petitioner. He further submitted that the husband of the deceased is languishing in judicial custody. The petitioner is in custody since 24.08.2023 and she has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Forbesganj P.S. Case No. 792 of 2023.

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