Prani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31124 of 2024 Arising Out of PS. Case No.-469 Year-2023 Thana- PALIGANJ District- Patna ====================================================== Prani Devi wife of Late Premchand Verma @ Premchand Singh VillageKhapura Ps- Paliganj Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Paliganj P.S. Case No. 469 of 2023 dated 01.09.2023 instituted for the offence punishable under Section 498(A), 304(B)/34 the Indian Penal Code.

3. The prosecution case, in short, is that the informant got her daughter married with Niraj Kumar as per Hindu rites and customs in the year 2021, but after six months of marriage, her inlaws started harassing her and demanding one lakh cash, one motorcycle and a gold chain. The accused persons are alleged to have killed informant's daughter along with her small child and disappeared them due to non-fulfillment of demand of dowry. On getting secret information on 31.08.2023, the informant went to

Patna High Court CR. MISC. No.31124 of 2024(3) dt.23-08-2024 2/3 her daughter's matrimonial home but the house was locked.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the petitioner is the mother-in-law of the deceased, who is advanced age lady suffering from old age ailing. The son of the petitioner was married to the deceased in the year 2021. Learned counsel for the petitioner further submits that there has been a partition amongst the petitioner and her two sons on 31.01.2012, in which the house of the village Khapura was allotted in the share of Niraj Kumar and in lieu thereof, two decimals of land was given to Gautam Kumar, who is elder brother of Niraj Kumar.

Other lands were also partitioned and mother was also given the share for which a family partition was prepared, on which apart from the panches, the petitioner and her both sons have put their signatures. Learned counsel for the petitioner further submits that the husband of the deceased, namely, Neeraj Kumar has already surrendered in the court on 26.09.2023 and he is in judicial custody. It is submitted that there is no eye-witness to the occurrence. It is submitted that Gautam Kumar has been granted anticipatory bail vide order dated 18.03.2024 passed by this Court in Criminal Miscellaneous No. 17791 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.

Patna High Court CR. MISC. No.31124 of 2024(3) dt.23-08-2024 3/3

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Paliganj P.S. Case No. 469 of 2023, she will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Danapur, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T