Shashikala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54870 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== 1.

Shashikala Devi Wife of Vinod Jha R/O Vill.- Bhelwa, P.s.- Madhuban, Dist.- East Champaran.

2.

Vinod Jha Son of Late Rashnarayan Jha R/O Vill.- Bhelwa, P.s.- Madhuban, Dist.- East Champaran.

3.

Suman Jha @ Suman Kumar Jha Son of Vinod Jha R/O Vill.- Bhelwa, P.s.- Madhuban, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in connection with Madhuban P.S. Case No. 163 of 2024 registered under Sections 304(B), 201, 34 of the Indian Penal Code.

3. It is case of dowry death.

4. As per prosecution case, informant solemnized the marriage of her daughter with co-accused Sonu Kumar Jha in the year 2022. After marriage, the husband and in laws of informant's daughter demanded cash and a bullet motorcycle as dowry. Due to non-fulfillment of the same, she was tortured and

Patna High Court CR. MISC. No.54870 of 2024(2) dt.04-09-2024 2/3 ill treated. It is further alleged that on 18.04.2024, all the F.I.R. named accused persons including these petitioners committed murder of the daughter of informant and concealed her dead body.

5. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that petitioners are mother-in-law, father-in-law and brother-in-law of the deceased respectively. Petitioners are victims of over implications. They are separate in mess and property and have never tortured the deceased and demanded any dowry. Thrust of accusation is against husband of the deceased, who is already in custody since 04.05.2024. Petitioners have got no criminal antecedent.

6. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioners.

7. Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial

Patna High Court CR. MISC. No.54870 of 2024(2) dt.04-09-2024 3/3 Magistrate-I, Motihari, East Champaran in connection with Madhuban P.S. Case No. 163 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