Pappu Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46441 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BHARGAMA District- Araria ====================================================== 1.

Pappu Mehta Son Of Badri Mehta Resident Of Village Raghunathpur Ward No. 4, P.S. Bhargama Distt Araria 2.

Gangiya Devi Wife Of Badri Mehta Resident Of Village Raghunathpur Ward No. 4, P.S. Bhargama Distt Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

It is submitted by learned counsel for the petitioners that he seeks permission to withdraw this application against the petitioner No. 1 namely, Pappu Mehta.

Permission is accorded.

This application is dismissed as withdrawn against petitioner No-1.

So far as, the petitioner No-2 is concerned, she has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 34 of the Indian Penal

Patna High Court CR. MISC. No.46441 of 2023(2) dt.04-08-2023 2/3 Code.

As per prosecution case, the informant alleged that the petitioners along with his family members used to torture his sister due to non-fulfillment of dowry demand. It is further alleged that they also killed his sister. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner No-2 is mother-in-law of the deceased due to which she has falsely been implicated in the present case. The deceased used to quarrel with the petitioner due to which she has no concern mess and business with the deceased as well as her husband and living separately from them. There is no specific allegation of commission of murder levelled against the petitioner and there is no eyewitness of the alleged occurrence. It is further submitted that the husband of the deceased is already in judicial custody. The petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 19.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Patna High Court CR. MISC. No.46441 of 2023(2) dt.04-08-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case as well custody and being lady, this court is inclined to enlarge the petitioner no-2 on bail. The above named petitioner No-2, namely Gangiya Devi is directed to be released on bail in connection with Bhargama P.S. Case No. 72 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Araria. (Sunil Kumar Panwar, J) Manishkumar/- U T