Yashoda Devi @ Jasoda Devi @ Jasodha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20031 of 2023 Arising Out of PS. Case No.-286 Year-2022 Thana- RANIGANJ District- Araria ====================================================== YASHODA DEVI @ JASODA DEVI @ JASODHA DEVI Wife of Anil Ram Resident of Village-Jagta Kharsahi, Ward No. 04, P.S.-Raniganj, Dist-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP For the Informant :
Mr. Sanjeev Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Raniganj P.S. Case no. 286 of 2022 registered under sections 304B, 328 and 34 of the Indian Penal Code.
3. As per the prosecution case, the sister of the informant was administered poison by the accused persons including the petitioner herein and ultimately she died in course of treatment. The occurrence is said to have taken place on account of assault and torture for non fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case on account of
Patna High Court CR. MISC. No.20031 of 2023(2) dt.16-05-2023 2/3 her being Gotani (sister-in-law) of the deceased. The allegations are general and omnibus in nature. From the order of the learned trial court it would transpire that the police found the case against the petitioner and one another to be true under sections 306 and 34 of the Indian Penal Code. The petitioner is in custody since 23.1.2023 and has no criminal antecedent.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner has been named in the FIR but there is direct allegation against her, being one of the family members in the Sasural of the deceased, as a result of which the sister of the informant died.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, there being no eye witness to the occurrence, the petitioner being the Gotani (sister-in-law) of the deceased who is in custody since 23.1.2023, not having any criminal antecedent and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Raniganj P.S. Case no. 286 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.20031 of 2023(2) dt.16-05-2023 3/3 amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Araria.
(Partha Sarthy, J) Spd/- U T