Mithilesh Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85057 of 2024 Arising Out of PS. Case No.-302 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== Mithilesh Devi W/O Naval Kishor Singh R/O Radhiya Tola Balha, P.SGovindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Govindganj P.S. Case No. 302 of 2024 registered for the offences punishable under Sections 80(2), 61(2), 3(5) of the Bhartiya Nyaya Sanhita.

3. As per prosecution case, petitioner and others are said to have committed murder of informant's sister by strangulating her neck for non fulfillment of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner being mother-inlaw of the deceased, has falsely been implicated in this case. He

Patna High Court CR. MISC. No.85057 of 2024(2) dt.11-12-2024 2/3 further submits that petitioner is living separately from the deceased family. Petitioner has no say in the family affairs of the deceased and co-accused Amit Kumar. He further submits that no specific allegation is attributed against the petitioner rather the allegation against her is general and omnibus in nature. He further submits that husband of the deceased is in custody since 20.08.2024. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - 1st Motihari, East Champaran in connection with Govindganj P.S. Case No.302/2024, subject to the conditions as laid down under Section 482 of the BNSS.

Patna High Court CR. MISC. No.85057 of 2024(2) dt.11-12-2024 3/3

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T