Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83412 of 2024 Arising Out of PS. Case No.-224 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Mamta Devi W/o - Raja Ram Yadav R/O village - ward no 11, chhoti ballia, PS - ballia, Distt-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ballia P.S. Case No. 224 of 2024 instituted for the offences under Sections 126(2), 115(2), 80(2) and 3(5) of the Bharatiya Nyaya Sanhita and Sections 3/4 of the Dowry Prohibition Act.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the petitioner is innocent lady and has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned

Patna High Court CR. MISC. No.83412 of 2024(4) dt.24-02-2025 2/2 counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. He further submitted that husband of the deceased is already in custody. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.07.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no specific material against the petitioner, husband of the deceased being in custody, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ballia P.S. Case No. 224 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T