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Patna High CourtCR. MISC./26585/2023allowed

Kaushalya Devi v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26585 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- HASANGANJ District- Katihar ====================================================== 1.

KAUSHALYA DEVI W/O NARAYAN MAHTO Resident of VillageKaliganj, P.O and P.S.- Hasanganj, District- Katihar, 2.

SARASWATI DEVI W/O DEVA NAND MAHTO @ DEVA Resident of Village- Kaliganj, P.O and P.S.- Hasanganj, District- Katihar, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 304-B, 120B of the Indian Penal Code and section 3⁄4 of DP Act. As per allegation in the FIR, petitioners along with their family members have tortured in various ways to the daughter of the informant due to non-fulfillment of further dowry demand and ultimately she was being killed by the accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners is mother-in-law and sister-in-law

Patna High Court CR. MISC. No.26585 of 2023(2) dt.23-05-2023 2/2 of the deceased and have been falsely implicated in this case. They have never demanded any thing from the deceased. They are separate by their mess and business. The sole responsibility to take care of wife is upon husband and not against his family members. Husband is in custody. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 22.5.2023 passed in Cr. Misc. No. 23585 of 2023. They are languishing in judicial custody since 2.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Hasanganj P.S. Case No. 126 of 2022.

(Sunil Kumar Panwar, J) sushma/- U T