Chathiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25935 of 2021 Arising Out of PS. Case No.-171 Year-2020 Thana- BHELDI District- Saran ====================================================== Chathiya Devi W/O Sri Charan Sah Resident Of Village - Madarpur, P.S.- Bheldi, Distt.- Saran At Chapra.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash For the Opposite Party/s :
Mr. Vishal Vikram Rana :
Mr. Parmanand Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State through virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Bheldi P.S. Case No. 171 of 2020 registered for the offence punishable under Sections 341, 323, 379, 304(B)/34 of the Indian Penal Code. As per the prosecution case, allegation against the petitioner is that petitioner along with his family members including husband of the deceased had killed sister of the informant due to non fulfillment of dowry demand.
Patna High Court CR. MISC. No.25935 of 2021(2) dt.25-08-2021 2/2 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is mother-inlaw of the deceased and there is no specific allegation of killing informant's sister against her. He further submits that husband of the deceased has already been released on bail under the provisions of section 167 (2) Cr.P.C. and father-in-law of the deceased has been granted anticipatory bail vide order dated 29.07.2021 in Cr. Misc. No. 28375 of 2021 by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.
The petitioner is a lady having no criminal antecedent as has been mentioned in para 3 of this bail petition and he is languishing in custody since 18.09.2020. Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Bheldi P.S. Case No. 171 of 2020.
(Anjani Kumar Sharan, J) GAURAV S./- U T