Chanka Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26335 of 2024 Arising Out of PS. Case No.-346 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Chanka Devi, aged about 55 years, Female, Wife of Late Lakhan Yadav, Resident of Village- Dewdha P.S.- Deepnagar District -Nalanda at Biharsharif.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Deepnagar P.S. Case No. 346 of 2018 instituted for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the specific allegation against the petitioner with respect to demand of dowry and commission of death of the victim.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.26335 of 2024(2) dt.26-04-2024 2/3 falsely been implicated in this case. The petitioner is the motherin-law of the deceased. It is submitted that the husband of the deceased has already committed suicide. It is further submitted that the petitioner is old lady and have no role in this occurrence and no any witness has supported the case of the prosecution. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 26.12.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Nalanda at Biharsharif dated 13.02.2024, it appears that petitioner is named in the FIR. Petitioner is a widow lady and has no role in the alleged occurrence. There is no specific allegation against the petitioner and the allegation is general and omnibus. The dead body of the deceased was not recovered and no postmortem repaort has been conducted till date. The petitioner living separately much prior to the alleged occurrence from the deceased and there is no concerned with the household articles, accordingly the prayer for bail of the petitioner is allowed. Let 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 Chief Judicial Magistrate,

Patna High Court CR. MISC. No.26335 of 2024(2) dt.26-04-2024 3/3 Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 346 of 2018.

(Ramesh Chand Malviya, J) Anand Kr.

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