Sunari Devi @ Virma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8670 of 2023 Arising Out of PS. Case No.-29 Year-2008 Thana- KUNAULI District- Supaul ====================================================== SUNARI DEVI @ VIRMA DEVI Wife of Late Budhu Mukhiya R/vKamalpur, P.S.- Kunauli, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 201/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner along with his family members used to torture and assault the informant's daughter due to non-fulfillment of dowry demand. It is further alleged that on 11.9.2008, her daughter was killed by the accused persons.

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 the present case. A statement has been

Patna High Court CR. MISC. No.8670 of 2023(2) dt.17-04-2023 2/2 made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner has no concern mess and business of the deceased as well as her husband and lives separately from them. It is further submitted vide para 15 of the petition that similarly situated co-accused namely, Late Badhu Mukhiya has been acquitted by Court below vide order dated 28.6.2018. Moreover, the petitioner is languishing in judicial custody since 19.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 on bail. The above named petitioner is directed to be released on bail in connection with Kunauli P.S. Case No. 29 of 2008 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 1st, Supaul. (Sunil Kumar Panwar, J) Amandeep/- U T