Nageshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74764 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- KOTWA District- East Champaran ====================================================== 1.

NAGESHWAR SAH Son of Late Shivmangal Sah R/O VILL BHOPATPUR PS KOTWA (BHOPATPUR OP) DIST EAST CHAMPARAN 2.

Meena Devi W/o Nageshwar Sah R/O VILL BHOPATPUR PS KOTWA (BHOPATPUR OP) DIST EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1, submitting that during pendency of this application petitioner no.1 has been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.1 only.

5. Now, this application survives only for petitioner no.2.

6. The petitioner no.2 apprehends her arrest in a case registered for the offences punishable under Sections 304 B

Patna High Court CR. MISC. No.74764 of 2023(3) dt.09-02-2024 2/3 and 302/34 of the Indian Penal Code.

7. The petitioner no.2 in association of other co-accused is said to have killed the daughter of the informant on nonfulfillment of demand of dowry.

8. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case. It is further submitted that after marriage the deceased compelled her husband for partition and started living separately with her husband in a separate house and she has no concern with the petitioner in mess and business. Petitioner no.2 is the mother-in-law of the deceased. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the husband of the deceased has surrendered before the learned Court below on 11.12.2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

9. Learned APP for the State opposed the prayer for bail.

10. Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with

Patna High Court CR. MISC. No.74764 of 2023(3) dt.09-02-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kotwa (Bhopatpur O.P.) P.S. Case No. 192 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T