Binda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29990 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- BAGENGOLA District- Buxar ====================================================== Binda Devi wife of Mahendra Singh @ Mahendra Yadav Village- Baradhi PsBagen gola Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma, Advocate For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP For the Informant/s :

Mr. Arun Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bagengola P.S Case No. 113/2023 dated 12.11.2023 registered for the offences punishable u/ss 304B read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant's daughter mentally and physically and committed murder of the informant's daughter due to non-fulfillment of demand of Rs. 2 lakhs and a golden chain as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.29990 of 2024(2) dt.30-04-2024 2/2 this case. There is general and omnibus allegation against the petitioner who is the mother-in-law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 07.01.2024.

5. Learned A.P.P. for the State as well as the learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of demand of dowry is against the petitioner. Learned counsel for the informant has further submitted that the independent witness has supported the prosecution story.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with Bagengola P.S Case No. 113/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T