Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69158 of 2024 Arising Out of PS. Case No.-241 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Rekha Devi Wife of Late Opindra Mondal @ Upendra Mandal Resident of Village - Dainikhun, P.S. - Baheri, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with G.R. No. 2671/2024 arising out Baheri P.S. Case No. 241 of 2024 instituted for the offence under Sections 80, 103(1) & 3(5) of the BNS, 2023.

3.

As per prosecution case, daughter of the informant was done to death by her in-laws due to non fulfillment of the demand of dowry.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-07-2024. Petitioner is a

Patna High Court CR. MISC. No.69158 of 2024(3) dt.04-12-2024 2/3 man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the mother-in-law of the deceased. Husband of the deceased is already in custody. Marriage of the deceased and the son of the petitioner was solemnized in the year 2023. There is no specific allegation levelled against the petitioner, rather allegation is general and omnibus in nature. No witness has supported the prosecution case. It is lastly submitted that police after investigation has already submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that from perusal of the postmortem report it is opined that cause of death is asphyxia as a result of hanging. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.69158 of 2024(3) dt.04-12-2024 3/3 Court below/concerned Court in connection with G.R. No. 2671/2024 arising out Baheri P.S. Case No. 241 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T