Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30526 of 2024 Arising Out of PS. Case No.-442 Year-2023 Thana- MOKAMAH District- Patna ====================================================== 1.

Babita Devi Wife Of Anandi Mahto Resident Of Village - Sishoni, P.S. - Mokama, District - Patna 2.

Kundan Kumar @ Kunadan Kumar Son Of Anandi Mahto Resident Of Village - Sishoni, P.S. - Mokama, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Kumar Son Of Naresh Kumar Resident Of Village - Lakhisarai Patel Nagar, Ward No. 17, P.S. And District - Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Mokama P.S. Case No. 442 of 2023 registered under Sections 304(B)/34 of the Indian Penal Code.

3. It is a case of dowry death.

4. It is alleged that these petitioners along with others committed murder of the sister of the informant for nonfulfillment of demand of dowry.

5. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.30526 of 2024(4) dt.25-07-2024 2/2 implicated in the present case. Further submission is that petitioners are mother-in-law and brother-in-law of the deceased respectively. Petitioner no. 1 is living with her younger son (petitioner no. 2) in Bangalore. Thrust of accusation is against husband of the deceased who is already under custody. Petitioners have got no criminal antecedent.

6. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Mokama P.S. Case No. 442 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T