Patna High CourtCR. MISC./69539/2024bail granted

Nirmala Devi @ Mirmala Devi v. The State Of Bihar

2024-10-23Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69539 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== Nirmala Devi @ Mirmala Devi W/o Rambhu Thakur R/o Village- Near Shiv Mandir Talkhapur Dumra ward No.15, P.S.- Punaura, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur, Adv.

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in Punaura P.S. Case No. 107 of 2024 registered under Sections 302, 304(B), 504/34 of the Indian Penal Code.

3. As per prosecution case, the younger sister of the informant was married with son of the petitioner in the year, 2022. The accused persons are alleged to have demanded cash of Rs. 2,00,000/- in dowry. There is also allegation that husband of the deceased developed illicit relationship with one Rani Devi. On 20-05-2024 at about 12.00 am at night, husband of the deceased informed the informant that his sister has died.

Patna High Court CR. MISC. No.69539 of 2024(2) dt.23-10-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is mother-in-law of the deceased. There is general and omnibus allegation. She has falsely been implicated in the present case merely because she is mother of husband of the deceased against whom, there is specific allegation of developing illicit relationship with one Rani Devi.

5. On the otherhand, learned counsel for the informant as well as the learned APP has opposed the prayer for bail by submitting that the allegation against the petitioner is of demanding dowry of Rs. 2,00,000/- and she was also found involved with other accused persons in commission of the offence.

6. The petitioner is mother-in-law of the deceased. The FIR shows that the specific allegation of having illicit relationship with one Rani Devi, is against son of the petitioner.

7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of her arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with

Patna High Court CR. MISC. No.69539 of 2024(2) dt.23-10-2024 3/3 Punaura P.S. Case No. 107 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Nawneet Kumar Pandey, J) A.K.V.//- U T