Shakuntala Devi @ Priti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83405 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- MOKAMAH District- Patna ====================================================== 1.
Shakuntala Devi @ Priti Devi Wife of Mannu Yadav Resident of VillageMekra PS- Mokama, Dist.- Patna. 2.
Kavita Devi Wife of Mukesh Yadav @ Mukesh Rai Resident of VillageMekra PS- Mokama, Dist.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mahesh Yadav Son of Ramsare Yadav Resident of Village- Sarmaidan PSHathiyaon, Dist.- Sheikhpura. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Ranjan Kumar, Advocate For the State :
Mr. Sanjay Kumar Pandey, APP For the Informant :
Mr. Kumar Malendu, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2025 Heard learned counsel for the petitioners, Mr. Sanjay Kumar Pandey, learned APP for the State and learned counsel for the Informant.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The case of the prosecution is that the daughter of the informant was married 11 years ago with Gulshan Yadav. It has further been alleged that she was subjected to cruelty on account of non-fulfillment of dowry demand. It is further stated that on 01.08.2024 at about 06:00 A.M., informant received an
Patna High Court CR. MISC. No.83405 of 2024(3) dt.04-02-2025 2/3 information that his daughter has been killed by the in-laws.
4. Learned counsel appearing on behalf of the petitioners has submitted that name of these petitioners is not there in the FIR but it has surfaced in the restatement of the informant. He further submits that the petitioners were living separate even prior to the occurrence and to support this they have filed Annexure-P/2 which is partition by Gram Kachahri. Learned counsel further submits that the deceased has three children. Two of them has given their statement during investigation and they have stated that they were sleeping with their mother and when she did not woke up in the morning, they tried to woke her up, even all the family members tried to woke her (deceased) up but she did not woke up and then she was rushed to hospital and then came to know that she is dead. The petitioners are having no criminal antecedent and they are in jail since 24.08.2024.
5. The application for bail is vehemently opposed by learned APP for the State as well as learned counsel for the Informant.
6. Having heard learned counsel for the parties and considering that the petitioners are the sister-in-law (Gotni) of the deceased who are living separate prior to the occurrence,
Patna High Court CR. MISC. No.83405 of 2024(3) dt.04-02-2025 3/3 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the learned court of Additional Chief Judicial Magistrate-III, Barh (District- Patna) in connection with Mokama P.S. Case No. 310 of 2024.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) Jagdish/- U T