Mt. Madhuri Kuwr @ Most Madhuri Kunwar @ Madhuri Kuwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19706 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- GOPALPUR District- West Champaran ====================================================== Mt. Madhuri Kuwr @ Most Madhuri Kunwar @ Madhuri Kuwar Wife Of Late Bipin Rao (As Per Fir 60 Years) Resident Of Village - Katahiya, P.S. - Lauriya, District - West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gopalpur P.S. case No. 167 of 2023 instituted for the offences under Sections 302, 304B/34 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is
Patna High Court CR. MISC. No.19706 of 2024(2) dt.18-03-2024 2/2 alleged against the petitioner. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Husband of the deceased is already in custody. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.10.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, husband of the deceased being in custody, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Gopalpur P.S. case No. 167 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T