Jagtarni Devi @ Jagtaran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16311 of 2025 Arising Out of PS. Case No.-177 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Jagtarni Devi @ Jagtaran Devi W/O Hari Sahni Resident of Village - Bajitpur, P.S.- Vibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar, Advocate For the State :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Vibhutipur P.S. Case No. 177 of 2021 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

3. The petitioner is mother-in-law of the deceased and is in jail since 20.11.2024.

4. It has been submitted by learned counsel for the petitioner that there is general and omnibus allegation against the petitioner and the petitioner is an HIV positive.

5. Considering the fact that petitioner is a woman and is an HIV positive, this application is allowed.

6. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.16311 of 2025(2) dt.02-05-2025 2/2 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Vibhutipur P.S. Case No. 177 of2021.

7. At the time of accepting bail bonds, the Court below will verify the fact as to whether the petitioner is HIV positive or not. If it is found that the petitioner is HIV positive, her bail bonds shall be accepted. If it is found that she is HIV negative, then appropriate order shall be passed. (Sandeep Kumar, J) P. Kumar U T