Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7109 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Sharda Devi Wife of Mankeshwar Mishra R/O Village- Laherwa, P.S.- Yogapatti, District- West Champaran 2.

Anjani Kunwar @ Anjani Kuar Wife of Late Ashok Tiwari R/O VillageJogiya Tola, P.S.- Sirisiya O.P., District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-10-2022 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioners seek bail in connection with Yogapatti P.S. Case No. 366 of 2021 registered for the offence under Sections 304 (B), 328, 120 (B), 201 and 34 of the Indian Penal Code.

The accused/petitioners are named in the F.I.R. and is in custody since 30.08.2021.

The allegation against the petitioners is to commit murder of the daughter of the informant, along with other co-

Patna High Court CR. MISC. No.7109 of 2022(3) dt.10-10-2022 2/3 accused/family members due to non-fulfillment of demand of dowry of Rs. 2,00,000/-.

Learned counsel appearing on behalf of the petitioners submitted that admittedly, both petitioners were living separately from deceased having no control/connection with their daily domestic affairs. It is pointed out that save and except confessional statement of co-accused Mankeshwar Mishra, nothing surfaced/recovered during the course of investigation, which may connect these petitioners with present set of occurrence. It is submitted that even allegation, as regard to dowry is, specifically against co-accused Mankeshwar Mishra. While concluding the argument, it has been submitted that petitioners are ladies of no criminal antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel, Ms. Rashmi Jha, appearing on behalf of informant, while opposing the prayer of bail, submitted that both petitioners actively participated in present occurrence as family members/close relatives.

Considering the facts and circumstances as mentioned

Patna High Court CR. MISC. No.7109 of 2022(3) dt.10-10-2022 3/3 above, as both petitioners are living separately, who are ladies of clean antecedent coupled with the fact that charge-sheet has been submitted, let above named both petitioners, are directed to be released on bail in connection with Yogapatti P.S. Case No. 366 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T