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Patna High CourtCR. MISC./90074/2024allowed

Renu Devi v. The State Of Bihar

2025-02-07Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90074 of 2024 Arising Out of PS. Case No.-634 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Renu Devi W/O Shatrughan Sah Resident of Village- Rasulpur Wajid, P.SAhiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B)/34 of IPC read with Section 3/4 of the D.P. Act.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner killed the daughter of the informant due to nonfulfillment of the demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the petitioner is the mother-in-law of the

Patna High Court CR. MISC. No.90074 of 2024(2) dt.07-02-2025 2/3 deceased. There is no specific overt act attributed against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner never demanded any dowry. She is living separately since long in mess and business with her husband and she had no concern with the family affairs of the deceased. During the course of investigation, police found that on the date of occurrence, petitioner went to perform the festival of Chhath puja. The husband of the deceased is already under judicial custody since 02.09.2024. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and since there is no specific overt act attributed against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ahiyapur P.S. Case No.634 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.90074 of 2024(2) dt.07-02-2025 3/3 7.

However, learned court below is directed to verify the fact that the husband of the deceased is under judicial custody or not, before accepting her bail bond and if it is found that the husband of the deceased is not under judicial custody, her bail bond shall not be accepted.

(Anjani Kumar Sharan, J) priyanka/- U T