Koshlya Devi @ Konsila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82608 of 2024 Arising Out of PS. Case No.-548 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.
Koshlya Devi @ Konsila Devi W/o- Awadh Rai Ro village- Bangra, PSKuchaikote, Dist-Gopalganj, Bihar 2.
Awadh Rai S/o- LateRampujan Rai Ro village- Bangra, PS-Kuchaikote, Dist-Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Abhishek Kumar Dwivedi, Advocate For the State :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.
3. It is a case of "dowry death". As per F.I.R., allegation against these petitioners is that they, along with other accused persons, used to torture and harass the deceased due to non-fulfillment of demand of dowry and later on committed murder of the deceased.
4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in this case merely because they happen to be mother-in-law and father-in-law of the deceased. They are victims of over
Patna High Court CR. MISC. No.82608 of 2024(2) dt.24-01-2025 2/2 implication. They have got no concern with the affairs of the deceased and her husband and are separate in mess and property. Thrust of the accusation is against husband of the deceased who is already in custody since 21.03.2024. Petitioners have got no criminal antecedents and they are in custody since 06.09.2024.
5. On the other hand, 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, nature of accusation and clean antecedents of the petitioners, the prayer for grant bail of to the petitioners is allowed.
7. Accordingly, 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 learned A.C.J.M.-1, District- Gopalganj, in connection with Kuchaikote P.S. Case No. 548 of 2023. (Prabhat Kumar Singh, J) shashank/- U T