Mina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28878 of 2020 Arising Out of PS. Case No.-76 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== MINA DEVI W/o Bauyelal Sah R/o Vill- Fafaut, P.S.- Khodawandpur, DistBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Rana Randhir Singh, the learned APP for the State.

The petitioner seeks regular bail in connection with Khodabandpur P.S. Case No. 76 of 2019, registered for the offence punishable under Sections 304B, 34 of the Indian Penal Code and Sections 3/ 4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.28878 of 2020(2) dt.12-11-2020 2/3 The allegation is regarding the husband of the daughter of the deceased having killed his wife on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 05.04.2020. It is further submitted that the petitioner is the mother-in-law of the deceased victim lady and she has not been named in the FIR by the prosecution, hence, apparently, she has got nothing to do with the alleged occurrence and moreover, she was residing separately from her son and daughter-in-law.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the petitioner has not been named in the FIR and she is the mother-inlaw of the deceased victim lady, I deem it fit and

Patna High Court CR. MISC. No.28878 of 2020(2) dt.12-11-2020 3/3 proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Manjhaul in connection with Khodabandpur P.S. Case No. 76 of 2019.

It is clarified that the present order shall not be construed to be a precedent as far as consideration of the bail petition of the husband of the deceased victim lady is concerned.

(Mohit Kumar Shah, J) Ajay/- U T