Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17402 of 2022 Arising Out of PS. Case No.-86 Year-2020 Thana- NAYA RAM NAGAR District- Munger ====================================================== GAYATRI DEVI W/O PARMOD PASWAN Resident of Village - Samho , P.s.- Samho, Distt.- Begusarai.(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Girja Devi W/o Jagdish Paswan Resident of Village - Samho , P.s.- Samho, Distt.- Begusarai.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code and section 3/ 4 of the Dowry Prohibition Act. Allegedly, accused persons including the petitioner killed the informant's daughter on account of demand of motorcycle having been not fulfilled by the victim. The main submissions advanced by the learned counsel for the petitioner are that petitioner is married sister of

Patna High Court CR. MISC. No.17402 of 2022(2) dt.07-07-2022 2/3 husband of the deceased living at her sasural having no concern with the family affairs of the deceased, there is no specific allegation and allegation with regard to demand of dowry and cruelty is general and omnibus against the petitioner. Petitioner has been languishing in jail since 07.01.2022. Further submission is that in fact, deceased died due to burn injury while cooking food. Thereafter she was brought to Sadar hospital, Munger by her in-laws.

Learned APP opposes the prayer for bail.

Having regard to the facts and circumstances of the case and considered the above submissions and mainly the fact that petitioner is stated to be married sister of the husband of the deceased and she has taken plea that she is living at her sasural in a different village and having no concern with the family affairs of the deceased's family and also considered the fact that the main demand of dowry for which alleged physical cruelty committed was for a motorcycle, accordingly, in light of these facts, this court is inclined to take lenient approach in respect of the petitioner. Her prayer stands allowed. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial

Patna High Court CR. MISC. No.17402 of 2022(2) dt.07-07-2022 3/3 Magistrate I, Munger in Ramnagar P.S Case No. 86 of 2020. (Shailendra Singh, J) s.hassan/- U T