Pooja Devi @ Neha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84665 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Pooja Devi @ Neha Devi D/o Late Dukha Malik R/O VILL - Madhopur Chaturi, P.S. - Bajpatti, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2024 Heard Mr. Devendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Zainul Abedin, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Bajpatti P.S.case No.205 of 2022, registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code .

3. Prosecution story in brief is that due to nonfulfilment of the dowry, family members of the daughter of the informant used to torture her and finally within a period of eight months of the marriage, they committed murder of the daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that general and omnibus allegation has been alleged against the petitioner, who is the sister-in-law of

Patna High Court CR. MISC. No.84665 of 2023(3) dt.07-03-2024 2/3 the deceased and she resides in another village along with her husband. Petitioner is not in any manner involved in commission of murder of the deceased. Learned counsel further submitted that co-accused, namely, Akash Malik, who is the elder brother of the petitioner, has been granted pre-arrest bail by a Co-ordinate Bench of this Court, vide order dated 04.08.2023 passed in Cr. Misc. No.41192 of 2023. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, there is general and omnibus allegation against the petitioner and co-accused, Akash Malik, has already been granted bail by a Co-ordinate Bench of this Court, the petitioner is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Subdivisional Judicial Magistrate, Pupri, Sitamarhi/concerned court in connection with Bajpatti P.S.Case No.205 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.84665 of 2023(3) dt.07-03-2024 3/3

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U