Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70862 of 2024 Arising Out of PS. Case No.-1105 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Mina Devi Wife of Arun Chaudhary @ Arun Kumar Chaudhary Resident of Village- Malsa (Mansa), Bhore, P.S. - Mufassil, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar Singh, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Mufassil P.S. Case No. 1105 of 2023 instituted for the offences under Sections 304B, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner and her family members tortured and killed the deceased for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.70862 of 2024(2) dt.27-09-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. The co-accused person has already been granted regular bail by this Bench vide order dated 20.03.2024 passed in Cr. Misc. No. 21069 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, husband of the deceased already being in custody, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six 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 Court below/concerned Court in connection with Mufassil P.S. Case No. 1105 of 2023, subject to
Patna High Court CR. MISC. No.70862 of 2024(2) dt.27-09-2024 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Rudra Prakash Mishra, J) Alok Verma/- U T