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Patna High CourtCR. MISC./65518/2024bail granted

Rina Devi v. The State Of Bihar

2024-10-01Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65518 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Rina Devi Wife of Sharma Giri R/o Village- RAmpur Khajuriya, P.S.- Dumariaghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Srivastva, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends her arrest in connection with Dumariaghat P.S. Case No. 121 of 2024 (G.R. No. 3047 of 2024) registered under Sections 341, 323 and 304(B)/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 Rahul Giri in the year 2023. After a month of marriage, the husband and in-laws of informant's daughter started demanding dowry. Due to nonfulfillment of the same, she was tortured and ill treated. It is further alleged that on 05.06.2024, all the F.I.R. named accused

Patna High Court CR. MISC. No.65518 of 2024(2) dt.01-10-2024 2/3 persons including this petitioner committed murder of the daughter of informant and concealed her dead body in the house.

5. Learned counsel appearing on behalf of the petitioner 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. Petitioner is victim of over implication. She is separate in mess and property and has never tortured the deceased and demanded any dowry. Thrust of accusation is against husband of the deceased, who is already in custody since 13.09.2024. Petitioner has got no criminal antecedent.

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

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 eight weeks from today, on furnishing bailbond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariaghat P.S. Case No. 121 of 2024 (G.R. No. 3047 of

Patna High Court CR. MISC. No.65518 of 2024(2) dt.01-10-2024 3/3 2024), subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

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