Bimal Devi @ Most Bimal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77502 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- KARJA District- Muzaffarpur ====================================================== Bimal Devi @ Most Bimal Devi W/O Late Umesh Singh R/O Vill.- Bhatauna,P.S- Karja, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Adv.
For the Opposite Party/s :
Mr. Satya Nand Shukla, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B), 120(B), 34 of the Indian Penal Code.
3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the sister of the informant.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. She has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and
Patna High Court CR. MISC. No.77502 of 2024(2) dt.19-11-2024 2/3 based on concocted facts. Nothing specific has been attributed against the petitioner. She has been made accused in the present case merely because she is mother-in-law of the deceased. There is nothing on record to show the complicity of the petitioner in the alleged occurrence. The husband of the deceased has already surrendered himself before the learned Court below on 12.06.2024. Learned counsel further submits that petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as the husband of the deceased has already surrendered himself before the learned Court below, let the above named petitioner, 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 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 Karja P.S. Case No. 134 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. Petitioner is directed to cooperate in the trial. If the
Patna High Court CR. MISC. No.77502 of 2024(2) dt.19-11-2024 3/3 petitioner fails to appear before the learned Court below on two consecutive dates fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below.
(Anjani Kumar Sharan, J) divyanshi/- U T