Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24935 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- MAHILA PS District- East Champaran ====================================================== SHANTI DEVI Wife of Shiv Ram Resident of Village- Rupdih, P.S.- Motihari Muffasil, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the State :

Mr. Umesh Lal Verma, APP For the Informant : Mr. Prateek Tondon, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 498A, 406 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, the informant, who was married to the son of the petitioner, was tortured by all the accused persons including the petitioner herein who happens to be her mother-in-law.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. No supporting document has been enclosed in support of the allegations made therein. The petitioner happens

Patna High Court CR. MISC. No.24935 of 2021(2) dt.16-11-2021 2/2 to be the mother-in-law of the informant and is an old lady having no criminal antecedent and is in custody since 15.1.2021. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the F.I.R. but there is direct allegation against her of having tortured the informant and having attempted to burn her along with other accused persons by pouring kerosene oil.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner who is a lady having remained in custody since 15.1.2021 and chargesheet has been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Motihari Mahila P.S. Case no.55 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sadar, Motihari, East Champaran.

(Partha Sarthy, J) Saurabh/- U T