Patna High CourtCR. MISC./3588/2019bail granted

Musani Devi v. The State Of Bihar

2019-02-21Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3588 of 2019 Arising Out of PS. Case No.-75 Year-2006 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Musani Devi W/o late Yogeshwar Jha R/o Village Korthu, P.S. Ghanshyampur, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sessions Trial No 223 of 2007 arising out of Ghanshyampur P.S. Case No. 75 of 2006 registered for the offence punishable under Sections 304B of the Indian Penal Code.

Allegation against petitioner is of killing the niece of the Informant by setting her ablaze for non fulfillment of demand of dowry along with FIR named accused. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR and has committed no offence and has been falsely implicated in this case on suspicion. There is no eye witness to the said occurrence. It has further been submitted that the petitioner has already been acquitted of the charges under Section 304B of the Indian Penal

Patna High Court Cr.Misc. No.3588 of 2019(4) dt.21-02-2019 2/2 Code in Criminal Appeal (SJ) No. 556 of 2015 vide order dated 17.05.2018, however, case was remanded for fresh trial under altered charge. Petitioner is 83 years old lady. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, Benipur, Darbhanga, in connection with Sessions Trial No 223 of 2007 arising out of Ghanshyampur P.S. Case No. 75 of 2006.

(S. Kumar, J) ranjan/- U