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Patna High CourtCR. MISC./43240/2024allowed

Munni Devi @ Muni Devi v. The State Of Bihar

2024-07-20Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43240 of 2024 Arising Out of PS. Case No.-339 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Munni Devi @ Muni Devi W/O- Siddheshwar Singh @ Sidheshwar Prasad Village- Bhagwan Bigha (BELA Bigha), P.O.- Baidrabad, P.S.- Arwar, Distt.- Arwar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Singh, Advocate For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Arwal P.S. Case No. 339 of 2023 instituted under Sections 498A and 304B of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

3. As per the prosecution case, the petitioner along with other co-accused persons tortured and killed the granddaughter of the informant due to non-fulfillment of demand of dowry after marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is mother-in-law of

Patna High Court CR. MISC. No.43240 of 2024(2) dt.20-07-2024 2/3 the deceased and due to quarrel with the husband victim committed suicide where no family member of her matrimonial house was present at that time, which is supported from the statement of witnesses and the post-mortem report. The informant party also participated in the last rites of the deceased after information, however, falsely lodged the case against the accused persons. It is further submitted that the husband of the victim has been granted regular bail by the trial court and the petitioner has no concern with the quarrels of the victim and her husband. Petitioner is a lady having no criminal antecedent and she undertakes to cooperate in the investigation and trial. Similarly, situated co-accused namely Siddheshwar Singh @ Siddheshwar Prasad has been granted anticipatory bail by this Court vide order dated 10.07.2024 passed in Cr. Misc. No. 42646 of 2024.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.43240 of 2024(2) dt.20-07-2024 3/3 the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 339 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) vinayak/- U T