Nirmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26711 of 2024 Arising Out of PS. Case No.-917 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Nirmala Devi, Male, aged about 55 years, Wife of Late Raji @ Rajendra Mahto Village- Dildarpur Bindtoli, P.S.- Nathnagar, Dist.- Bhagalpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Chouhan For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Nathnagar P.S. Case No.917 of 2023 registered for the offence under Sections 304B/34 of the Indian Penal Code. 3.

Allegation against the petitioner is to have committed murder of the daughter of the informant, due to nonfulfillment of demand of dowry. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner is mother-in-law of the deceased, who is 55 years old and has never demanded any dowry. It appears from perusal of

Patna High Court CR. MISC. No.26711 of 2024(2) dt.16-04-2024 2/3 impugned order that cause of death is Asphyxia and shock due to combine effect of antemortem ligature strangulation and manual strangulation. It is further submitted that petitioner is a lady of clean antecedent and she is in custody since 05.11.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Nathnagar P.S. Case No.917 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge XVIth, Bhagalpur.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.26711 of 2024(2) dt.16-04-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T