Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1905 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Asha Devi Wife Of Late Ram Prakash Chaudhary R/O Village- Panapur Dharampur, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogendra Kumar Dwivedi For the Opposite Party/s :
Mr. Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 04.04.2021, charge-sheet has been submitted and is a person with clean antecedent. Learned counsel for the petitioner submits that informant alleges that his sister (deceased) was married to Manjit Kumar on 01.03.2017. After marriage, the accused
Patna High Court CR. MISC. No.1905 of 2022(2) dt.24-05-2022 2/3 persons including the petitioner were demanding a motorcycle and Rs.50,000/- (Rupees Fifty Thousand) by way of dowry. Further, it is alleged that deceased was assaulted for nonfulfillment of the demand and on 03.04.2021, the informant was informed that his sister has been killed by the accused persons. Accordingly, he reached the place of occurrence and saw the dead body of his sister with marks of violence and stabbing on the forehead and body.
Learned counsel for the petitioner submits that the informant is not an eye witness to the occurrence. The entire allegation hinges around suspicion. It is further submitted that petitioner is the mother-in-law of the deceased and husband of the deceased is in custody. Further, it is submitted that co-accused Tara Devi has been granted bail by order dated 18.11.2021 in Cr. Misc. No. 47369 of 2021.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 04.04.2021, charge-sheet has been submitted, co-accused has been granted bail and the husband of the deceased is in custody, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.1905 of 2022(2) dt.24-05-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hajipur Industrial Area P.S. Case No. 70 of 2021.
(Satyavrat Verma, J) Ankit/- U