Meera Devi @ Mira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84657 of 2023 Arising Out of PS. Case No.-9 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== 1.

Meera Devi @ Mira Devi, aged about 49 years, Female, Wife of Kapil Dev Ray, R/O Village- Puran Chhapra, P.S.- Bara Chakia, District- East Champaran.

2.

Raj Kishor Rai @ Raj Kishor Kumar, aged about 25 years, Male, Son of Kapil Dev Ray, R/O Village- Puran Chhapra, P.S.- Bara Chakia, DistrictEast Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Rajnish Shandilya, Advocate For the Opposite Party :

Mr. Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Chakia P.S. Case No. 09 of 2021 dated 09.01.2021 registered for the offences punishable under Sections 304B and 201/34 of the I.P.C.

3. As per the prosecution case, the petitioners and other co-accused persons are alleged to have murdered the informant's daughter due to non-fulfilment of demand of motorcycle and cash of Rs. 1,00,000/- as dowry.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.84657 of 2023(3) dt.25-04-2024 2/3 that the petitioners are innocent and have been falsely implicated in this case. The petitioners have not tortured the informant's daughter. It is further submitted that the petitioner no. 1 is the mother-in-law and the petitioner no. 2 is the brotherin-law (Dewar) of the deceased. They have no concern with the alleged offence. The petitioners are separate in mess and property from the late husband of the deceased. It is further submitted that the informant's daughter died due to natural death and in this regard an information was given to the informant and who has also participated in cremation of dead body of the deceased and on the next day, the informant started demanding Rs. 5,00,000/- from the petitioners otherwise he would implicate them in a false case.

There is general and omnibus allegation against the petitioners. It is further submitted that at the time of occurrence the husband of the deceased was residing outside for his livelihood and even there was no allegation against him in the F.I.R. but the police has also made him an accused in this case. However, the husband of the deceased died soon after the death of his wife. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer

Patna High Court CR. MISC. No.84657 of 2023(3) dt.25-04-2024 3/3 for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No. 09 of 2021, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T