Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19837 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- SULTANGANJ District- Bhagalpur ====================================================== Sunita Devi, W/O Late Praveen Tiwari @ Pravin Tiwary, Resident of Madhubani Bhitti, P.S- Madhubani, Dist- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav, Adv.

For the Opposite Party/s :

Mr.Sunil Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B)/ 34 of the Indian Penal Code.

Prosecution case, in brief, is that as per FIR, my daughter has married with Sanjiv Tiwari on 24.11.2016. After some time marriage, there is some illegal relation with the husband of the deceased and other girl. It is alleged that the

Patna High Court CR. MISC. No.19837 of 2021(2) dt.27-08-2021 2/3 husband of the deceased has demanded dowry of her father otherwise threatened to kill you. They are also quarreling with each other and give beating and abusing of his wife. On 18.05.2020 at about 7.00 am Manmohan Tiwari said that the deceased has died. Upon these allegations the present case was registered.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is widowed Nanad of the deceased and has got nothing to do with the family of the deceased and her husband. The father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court from Annexure-2 of the bail application. The husband of the deceased is already in custody. The petitioner is languishing in judicial custody since 02.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in

Patna High Court CR. MISC. No.19837 of 2021(2) dt.27-08-2021 3/3 connection with Sultanganj P.S. Case No. 95/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T