Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64248 of 2024 Arising Out of PS. Case No.-96 Year-2024 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

Meera Devi, aged about 50 years, Female, W/O Late Kaleshwar Ram, R/o Village- Mokama, P.S.- Barhara, District- Purnea. 2.

Chotu Kumar, aged about 24 years, Male, S/O Late Kaleshwar Ram, R/o Village- Mokama, P.S.- Barhara, District- Purnea. ... ... Petitioners

Versus

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

For the Petitioners :

M/S. Sanjeev Kumar, Md. Dilshad Alam, Bharti Rai and Sitesh Kashyap, Advocates For the Opposite Party :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Barhara P.S. Case No. 96 of 2024 dated 10.04.2024 registered for the offences punishable under Section 304B read with Section 34 of the I.P.C.

3. As per the prosecution case, the petitioners and other co-accused persons are alleged to have committed murder of the informant's niece by strangulating her to death due to non-fulfilment of demand of Rs. 1,00,000/- as dowry.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.64248 of 2024(2) dt.20-11-2024 2/3 implicated in this case. The petitioners neither demanded any dowry nor tortured the informant's niece. It is further submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the Dewar of the deceased. The petitioners have no concern with the alleged offence. They are separate in mess and property from the husband of the deceased. The real fact is that the deceased died due to her ailment. The informant is the uncle of the deceased and an information regarding her death was given to her father who was residing in Rajasthan for earning of his livelihood. The husband of the deceased is in jail as stated in paragraph no. 11 of the bail petition. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea/Successor Court, in connection with Barhara P.S. Case No. 96 of 2024, subject to the condition as laid down under

Patna High Court CR. MISC. No.64248 of 2024(2) dt.20-11-2024 3/3 Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T