Janki Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9446 of 2025 Arising Out of PS. Case No.-538 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Janki Devi, wife of jhulan sah, resident of village- Sonki Ps- Sadar (Sonki O.P) Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagnnath SIngh, Advocate Mr. Deepak Kumar, Advocate Mr. Padmanabh Kashyap, Advocate, Mr. Md. Ghulam Mustafa, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Darbhanga Sadar (Sonki O.P.) P.S. Case No. 538 of 2022 dated 01.09.2022 instituted for the offence punishable under Sections 326A, 304(B), 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. The allegation regarding the accused persons including the petitioner herein, who is the mother-in-law of the deceased victim lady, is having set her on fire by pouring kerosene oil over her body.
4. Learned counsel for the petitioner submits that vide
Patna High Court CR. MISC. No.9446 of 2025(3) dt.16-05-2025 2/3 order dated 04.08.2023 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 45365 of 2023, the petitioner was granted anticipatory bail with a condition that in the case of the husband of the deceased victim lady surrenders within a period of four weeks from today, the petitioner be granted the privilege of anticipatory bail subject to such conditions as may be deemed fit and proper to be imposed by the learned trial court. It is next submitted that the husband of the deceased did not surrender before the court below, as such, the petitioner has been arrested in the present case.
5. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has not played any role in setting the deceased victim lady on fire, but it was the father-in-law and the husband against whom there is specific allegation of setting the deceased on fire. It is further submitted that the father-in-law of the deceased victim girl has been granted regular bail vide order dated 03.04.2023 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No.75267 of 2022. Learned counsel for the petitioner further submits that the informant and accused persons filed a compromise petition before the court below vide
Patna High Court CR. MISC. No.9446 of 2025(3) dt.16-05-2025 3/3 Annexure P/4. Lastly, it has been submitted that the petitioner is in custody since 25.11.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. (I/C), Darbhanga in connection with Darbhanga Sadar (Sonki O.P.) P.S. Case No. 538 of 2022.
(Khatim Reza, J) premchand/- U T