Sukhdev Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4569 of 2023 Arising Out of PS. Case No.-5 Year-2014 Thana- AGAMKUAN District- Patna ====================================================== 1.
SUKHDEV RAI Son of Late Shiv Balak Rai R/V- Chhoti Pahari Devi Asthan, P.S- Agamkuan, Dist- Patna 2.
Lalti Devi @ Lalita Devi Wife of Sri Sukhdev Rai R/V- Chhoti Pahari Devi Asthan, P.S- Agamkuan, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur :
Mrs. Vaishnavi Singh, Mr. Ritwik Thakur For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Vide order dated 7.4.2023, it appears that the application against petitioner no.1 namely, Sukhdev Rai has become infructuous as he was died during custody. So far as petitioner no.2 namely, Lalti Devi @Lalita Devi is concerned and prayed for regular bail in a case registered for the offence punishable under sections 498A, 324, 307, 506/34 of the Indian Penal Code and subsequently added section 302 of the I.P.C.
As per prosecution case, the marriage of the deceased was solemnized with one Pappu Kumar Yadav thereafter, her inlaws used to torture her mentally and physically due to nonfulfillment of dowry demand. It is further alleged that on 4.1.2014, the accused persons poured K. Oil upon body of the
Patna High Court CR. MISC. No.4569 of 2023(5) dt.21-06-2023 2/3 deceased and set fire due to which she burnt and died during course of treatment.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased due to which she has falsely been implicated in this case. The petitioner has no concern mess and business of the deceased and general and omnibus allegation is leveled against her. It is further submitted that the marriage of the deceased was solemnized with coaccused Pappu Kumar before ten years, upon whom the full responsibility to keep his wife well. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 17.8.2022.
Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the deceased was died due to burnt injury.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner no.2 on bail. The above named petitioner no.2 is directed to be released on bail in connection with Agamkuan
Patna High Court CR. MISC. No.4569 of 2023(5) dt.21-06-2023 3/3 P.S. Case No. 5 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Patna City, Patna.
(Sunil Kumar Panwar, J) Amandeep/- U T