Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4396 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- NIRMALI District- Supaul ====================================================== 1 .

Rekha Devi Wife of Birendra Mahto R/o Nirmali Ward no.4, P.S.- Nirmali, Dist.- Supaul.

2.

Birendra Mahto Son of Rajendra Mahto R/o Nirmali Ward no.4, P.S.- Nirmali, Dist.- Supaul.

... ... Appellant/s

Versus

1 .

The State of Bihar 2.

Priyanka Kumari Wife of Akash Kumar Mahto @ Akash Kumar, D/O Rajiv Kumar Paswan R/o Nirmali Ward no. 4, P.O. and P.S.- Nirmali, Dist.- Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Diwakar Pandey , Advocate Ms. Priya Raj, Advocate Mr. Dr Satyendra Kumar Shrivastava, Advocate For the Respondent/s :

Mrs. Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2025 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No. 2.

2. This appeal has been filed for setting aside order dated 27.08.2024 passed in a case registered for the offence punishable under sections 341, 323, 498(A), 506/34 of I.P.C, and 3/4 of D.P. Act and 3(i) (r) (s), 3 (2) (va) of SC/ST Act, whereby the prayer for anticipatory bail of the appellant has been rejected.

3 . As per the prosecution case , informant namely

Patna High Court CR. APP (SJ) No.4396 of 2024(5) dt.12-12-2025 2/3 Priyanka Kumari alleged that she was married to co-accused Akash Kumar, three years ago and thereafter, she went to her matrimonial house . After some time of marriage , all the F.I.R. named accused persons including these appellants started torturing and harassing informant for the demand of dowry and due to non-fulfillment of the same , accused persons used to abuse her by caste name and also threatened her with dire consequences.

4. It is submitted on behalf of the appellant that appellant No. 1 is mother-in -law and appellant No. 2 is fatherin -law of the victim. They are simply victim of over implications. It is further submitted that dispute between the parties has already been resolved through the process of mediation vide Mediation Proceeding No. 340 of 2025 . Moreover, husband of informant (co-accused ) namely , Akash Kumar has already been granted bail by this Hon'ble Court vide order dated 11.09.2025 in Cr. APP No. 4457 of 2024 . 5 . Learned special Public Prosecutor for the State does not dispute the contention made on behalf of appellant.

6. Considering the fact that dispute between the parties has already been compromised and other circumstances of the fact, this appeal is allowed and the impugned order is set

Patna High Court CR. APP (SJ) No.4396 of 2024(5) dt.12-12-2025 3/3 aside. Let the appellants, named above , in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Session Judge- I, Supaul in connection with Nirmali Police Station Case No. 104 of 2024 . (Prabhat Kumar Singh, J) Koushik/- U T