Kuishi Devi @ Kunti Devi @ Kushyi Devi @ Khushechi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9435 of 2023 Arising Out of PS. Case No.-129 Year-2020 Thana- MAHESI District- East Champaran ====================================================== KUISHI DEVI @ KUNTI DEVI @ KUSHYI DEVI @ KHUSHECHI DEVI W/O BRIJ MOHAN SAHANI @ BRAJ MOHAN SAHNI R/v- Chakki Ojhilpur, P.S.- Mahesi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwari, Adv.
For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Mahesi P.S. Case No. 129 of 2020, G.R. No. 3313 of 2020 dated 14.05.2020 registered for the offences punishable u/s 304(B), 201 and 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and coaccused persons are alleged to have strangulated the daughter of the informant to death due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.9435 of 2023(2) dt.03-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and the petitioner is cousin mother-in-law of the deceased. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 12.04.2022 passed in Cr. Misc. No. 39713 of 2021. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.11.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, who is lady, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari in connection with Mahesi P.S. Case No. 129 of 2020, G.R. No. 3313 of 2020.
The application stands allowed.
Ajay Singh/- (Chandra Prakash Singh, J) U T