Harmala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79618 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== 1.

Harmala Devi W/O Late Ramchandra Sah Resident of village- Mahisarho, ward no.- 09, P.S-Mahishi, District - Saharsa 2.

Amardip Sah @ Amardip Kr. Sah @ Amardip Kumar S/O Late Ramchandra Sah Resident of village- Mahisarho, ward no.- 09, P.S-Mahishi, District - Saharsa.

3.

Ashish Kumar S/O Late Ramchandra Sah Resident of village- Mahisarho, ward no.- 09, P.S-Mahishi, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-11-2025 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 Mahishi P.S. Case No. 149 of 2025 dated 15.05.2025 registered for the offences punishable u/ss 126(2), 115(2), 109, 76, 85, 352, 351(2) read with Section 3(5) of the B.N.S. and Sections 3/4 of the D.P. Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have tortured the informant

Patna High Court CR. MISC. No.79618 of 2025(2) dt.17-11-2025 2/3 mentally and physically 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. The petitioner no. 1 is the mother-in-law and the petitioner nos. 2 and 3 are the brother-in-law of the informant and they have no concern with the alleged offence. There is general and omnibus allegation against the petitioners. The petitioners neither demanded any dowry nor tortured the informant. The petitioners have no concern with the alleged offence. The informant's husband is already in custody. The petitioners have no criminal antecedent as stated in 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 of the case as well as the allegation being general and omnibus against the petitioners, 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, Saharsa in connection with Mahishi P.S. Case No.

Patna High Court CR. MISC. No.79618 of 2025(2) dt.17-11-2025 3/3 149 of 2025, subject to conditions as laid down under Section 482(2) of the B.N.S.S.

7. This application stands allowed.

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