Koleshwari Devi @ Kuleshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22762 of 2024 Arising Out of PS. Case No.-334 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Koleshwari Devi @ Kuleshwari Devi Wife of Late Bachu Sharma R/o Village- Mora Mardana, P.S.- Magadh Univerity, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with M.U. P.S. Case No. 334 of 2023 instituted for the offence under Sections 304(b), 34 of the Indian Penal Code. 3.

As per prosecution case, the accused persons used to torture and assault the victim thereafter committed murder due to non-fulfillment of dowry demand.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.10.2023. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.22762 of 2024(2) dt.02-04-2024 2/2 counsel that petitioner is mother-in-law of the deceased and she has been falsely implicated in this present case. She is separate in mess and property from the husband of he deceased. Chargesheet has already been submitted in this case. There is no specific allegation attributed against the petitioner, however, general and omnibus allegation attributed against her. The petitioner has no concern with the alleged occurrence and the husband of the deceased is in judicial custody. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and judicial custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with M.U. P.S. Case No. 334 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T