Moti Jhariya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8994 of 2023 Arising Out of PS. Case No.-90 Year-2022 Thana- DHANGAI District- Bhojpur ====================================================== Moti Jhariya Devi Wife Of Shiv Kumar Chaudhary R/O Village- Kesari, P.S.- Dhangai, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== 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 304B, 201, 34 of the Indian Penal Code.

The allegation against the petitioner is that due to non-fulfillment of dowry demand, she along with other coaccused persons given poison to the sister of the informant due to which shed died. It is further alleged that body of the victim has also been cremated.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is mother-in-law of the victim due to which she has

Patna High Court CR. MISC. No.8994 of 2023(2) dt.17-04-2023 2/2 falsely been implicated in this case. The petitioner has no concern mess and business of the deceased as well as her husband and was living separately from them. There is no specific allegation against the petitioner and there is no eyewitness of the alleged occurrence. It is further submitted that the husband of the deceased is already in judicial custody. The petitioner has got no criminal antecedent moreover, she is languishing in judicial custody since 12.11.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhangai P.S. Case No. 90 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manish/- U T