Manoga Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40654 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- NARAINPUR District- Bhojpur ====================================================== Manoga Devi Wife of Rajendra Ram R/O Vill.- Pakri Tola, P.S.- Shara Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP Mr. Gopal Govind Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2024 Heard the parties.

2. The petitioner apprehends arrest in connection with Narayanpur P.S. Case No. 13 of 2024 registered under Sections 304(B), 494 and 34 of the Indian Penal Code.

3. It is a case of dowry death.

4. As per prosecution case, niece of informant was married with co-accused Dharmesh Kumar in accordance with Hindu rites and rituals. In January 2024, co-accused solemnized his second marriage with someone and kept her in his house, due to which, niece of informant always objected. It is further alleged that husband and in laws of informant's niece always demanded dowry and due to non-fulfillment of the same, the accused persons tortured and threatened her. On 24.02.2024, the accused persons killed the niece of informant by pressing her neck with rope.

5. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.40654 of 2024(3) dt.05-08-2024 2/2 submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is mother-in-law of the deceased and she has never tortured the deceased and demanded any dowry. Thrust of accusation is against husband of the deceased who is already in custody. The father-in-law of the deceased is also in custody. Petitioner is an old aged lady and claims clean antecedent.

6. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for bail.

7. Having considered the facts and circumstances of the case, let the above named petitioner 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) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VI, Bhojpur at Ara in connection with Narayanpur P.S. Case No. 13 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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