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Patna High CourtCR. MISC./76355/2023bail granted

Munni Devi v. The State Of Bihar

2023-12-02Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76355 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== 1.

MUNNI DEVI Wife of jagmohan Sahani @ Chhekan Sahani Resident of village - Rajapur, Malahi Tola, P.S.- Basantpur, District - Siwan. 2.

NEHA KUMARI Daughter of Jagmohan Sahani @ Chhekan Sahani Resident of village - Rajapur, Malahi Tola, P.S.- Basantpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP Mr. Smriti Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Basantpur P.S. Case No. 271 of 2023 dated 13.06.2023 registered for the offences punishable u/ss 304B read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have killed the informant's daughter by hanging her with ceiling fan due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case.

Patna High Court CR. MISC. No.76355 of 2023(2) dt.02-12-2023 2/2 There is general and omnibus allegation against the petitioners. The petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the sister-in-law (nanad) of the deceased and they have no concern with the alleged offence. The petitioners neither demanded any dowry nor tortured the informant's daughter. The petitioners are ladies and they have no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Siwan in connection with Basantpur P.S. Case No. 271 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T