Ramita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5515 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Ramita Kumari D/O Nanhu Mahto Resident of Village- Pholwariya Dhanuktola Ps- Manjhagarh District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmveer Jha, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 303 of 2023 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the accused persons including the present petitioner is of committing murder of the Informant's daughter/Sapna Kumari for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.5515 of 2024(3) dt.09-04-2024 2/3 present case. The husband of the deceased is in custody. The petitioner is the unmarried Nanad of the deceased/daughter of the Informant. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that the Informant has also entered into compromise and, in this effect, she has also filed a compromise petitioner before the learned Chief Judicial Magistrate, Gopalganj. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 30.08.2023. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the postmortem report supports the prosecution case.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the

Patna High Court CR. MISC. No.5515 of 2024(3) dt.09-04-2024 3/3 petitioner and the petitioner being lady, let the petitioner, abovenamed, 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 Manjhagarh P.S. Case No. 303 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T