Patna High CourtCR. MISC./78643/2024bail granted

Babita Devi v. The State Of Bihar

2024-12-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78643 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

Babita Devi Wife of Nisibi Paswan Resident of Village - Lawapur, P.S. - Mahnar District - Vaishali 2.

Nisibi Paswan Son of Late Bajrangi Paswan Resident of Village - Lawapur, P.S. - Mahnar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Mahnar P. S. Case No. 77 of 2023 in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. It is a case of dowry death. As per prosecution case, daughter of the informant was married with the son of these petitioners, namely, Gulshan Kumar on 12.05.2022 and shortly thereafter, Gulshan Kumar along with these petitioners started demanded dowry. It is further alleged that these petitioners along with other accused persons killed the daughter of

Patna High Court CR. MISC. No.78643 of 2024(2) dt.20-12-2024 2/2 informant and burned her body due to non-fulfillment of demand of dowry.

4. Petitioner No. 1 is mother-in-law and petitioner No. 2 is father-in-law of the deceased. Petitioners are separate in mess and property and they are not concerned with the affairs of the couple. They are simply victims of over implication. No specific overt act is alleged against these petitioners and thrust of accusation is against husband of the deceased. Petitioners are in custody since 09.08.2024.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of allegation and period of custody, the bail application is allowed. Let the above named petitioners be released 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 Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Mahnar P. S. Case No. 77 of 2023.

(Prabhat Kumar Singh, J) Navya/- U T