Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77854 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- SHAMPUR District- Munger ====================================================== 1.

Meena Devi W/O Upendra Rajak R/O Village-Raghunathpur (Ghorghat), P.S.- Bariyarpur, District- Munger.

2.

Upendra Rajak S/O Late Mothri Rajak R/O Village-Raghunathpur (Ghorghat), P.S.- Bariyarpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Shampur P.S. Case No. 103 of 2024 instituted for the offences under Sections 80, 103, 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution story, in short, is that the petitioners along with other family members are alleged to have killed the daughter of the informant for non-fulfillment of demand of dowry.

Patna High Court CR. MISC. No.77854 of 2024(2) dt.28-10-2024 2/3

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Petitioner no.1 is the mother-in-law and petitioner no.2 is the father-in-law of the deceased. There is general and omnibus allegation against these petitioners. Learned counsel further submitted that there is no specific allegation of demand of dowry from these petitioners. The specific allegation is against the husband of the deceased. Learned counsel further submitted that husband of the deceased is already in custody. Learned counsel further submitted that petitioners are suffering from several old age ailments and have no criminal antecedents. It has been submitted on behalf of the petitioners that the petitioners are in custody since 13.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, no direct allegation against the petitioners and also considering their old age as well as the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.77854 of 2024(2) dt.28-10-2024 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Shampur P.S. Case No. 103 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T