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Patna High CourtCR. MISC./28995/2024allowed

Nilam Devi v. The State Of Bihar

2024-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28995 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Nilam Devi W/O Late Hari Yadav R/O Vill. - Bojhwa, P.S - Kashichak, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B), 34 of the IPC. 3.

The allegation against the petitioner is that she along with other accused persons have killed the daughter of the informant due to non-fulfillment of demand of dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the mother-in-law of the deceased and husband of the deceased is already in

Patna High Court CR. MISC. No.28995 of 2024(2) dt.03-07-2024 2/2 judicial custody. This fact is mentioned in para-9 of this bail application. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, let the above named petitioner, be released on bail, in the event of her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kashichak P.S. Case No.332/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T