Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42302 of 2024 Arising Out of PS. Case No.-335 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== Malti Devi, Wife Of Kamlesh Rai Resident Of Village- Jaganiya, P.S.- Gaighat (Benibad O.P.), District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 304(B), 201 and 120B of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is further submitted that petitioner is mother in-law of the deceased. It is next submitted that informant alleges that his daughter was married to Santosh Rai in the Year 2018 and after marriage, the accused persons were demanding dowry and for non-fulfilment of the demand as detailed in the F.I.R., she was killed and her body was made to disappear.

Patna High Court CR. MISC. No.42302 of 2024(2) dt.19-07-2024 2/3

4. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the husband of the deceased has not been made an accused rather the entire family members of the husband of the deceased have been implicated in the instant case, which amply demonstrates that the F.I.R. has been instituted for some ulterior reason. It is next submitted that petitioner was separate in mess and property from the husband of the deceased and thus, was not involved in day-to-day affair of the deceased and her husband. It is also submitted that the dead body of the deceased was found in Bagmati river on 20.08.2023.

5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction Court No.2 of the learned J. M., 1st Class, Muzaffarpur in connection with Gaighat P. S. Case No.335 of 2023, subject to the conditions laid down under Section 438(2)

Patna High Court CR. MISC. No.42302 of 2024(2) dt.19-07-2024 3/3 of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T