Badamiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21605 of 2023 Arising Out of PS. Case No.-82 Year-2020 Thana- KORMA District- Sheikhpura ====================================================== Badamiya Devi, Female, aged about 65 years, Wife of Bindeshwary Mahto Resident Of Village- Sahra, PS- Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Jee Mishra, Advocate For the State :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2023 Learned counsel for the petitioner submits that due to typographical error, the age of the petitioner has been wrongly asserted in the cause title.

As prayed for, the same is permitted to be corrected during the course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Korma P.S. Case No. 82 of 2020 dated 22.09.2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.21605 of 2023(2) dt.19-05-2023 2/3 As per prosecution case, the sister of the informant was married with co-accused Maheshwar Prasad Mahto about 8 years ago and the accused persons including the petitioner were demanding dowry and on non-fulfillment of the said dowry demand they committed the murder of informant's sister by strangulating her neck.

Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased who is about 65 years and has been falsely implicated in this case. There is general allegation against the petitioner. Charge sheet has already been filed against the petitioner and the trial commenced in this case. There is no chance of her absconding or tampering with the evidence, if released on bail. The petitioner is in jail custody since 30.06.2022. Learned counsel further submits that similarly situated co-accused namely, Bindeshwari Mahto has been granted bail by a co-ordinate Bench of this Court vide order dated 24.11.2022 in Cr. Misc. No. 45356 of 2022.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let

Patna High Court CR. MISC. No.21605 of 2023(2) dt.19-05-2023 3/3 the petitioner, above named, 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 the learned A.D.J.-III, Sheikhpura in connection with Korma P.S. Case No. 82 of 2020. (Sunil Dutta Mishra, J) P. Kumar U