Pan Patiya Devi @ Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25049 of 2023 Arising Out of PS. Case No.-239 Year-2016 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

PAN PATIYA DEVI @ SUMITRA DEVI Wife of Sunil Ray R/VShabajpura, PS- Phulwarisharif, Dist- Patna 2.

Sanju Devi Wife of Pramod Kumar and Daughter of Late Bangali Ray R/VMalahi Khunda, PS- Naubatpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 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 498(A), 307 of the Indian Penal Code and section 3⁄4 of the DP Act and chargesheet was submitted in this case u/s 498A, 304B, 302/34 of the IPC and Sec 3⁄4 of the DP Act.

As per allegation in the FIR, petitioners along with their family members has tortured in various ways to the due to non-fulfillment of Rs. Two lakh as further dowry demand and ultimately she was being killed by burning.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.25049 of 2023(2) dt.22-05-2023 2/2 has submitted that petitioners are married sister-in-law of the deceased and have been falsely implicated in this case. Both are living at their own matrimonial homes. They have no concern with the mess and business of the deceased and her husband. They have never demanded any thing from the deceased. The sole responsibility to take care of wife is upon husband and not against his family members. Husband is convicted u/s 304(B) and 498(A) of the IPC and he is in custody. Petitioners are languishing in judicial custody since 16.12.2022. 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 ACJM XIV, Patna in connection with Phulwarisarif P.S. Case No. 239 of 2016.

(Sunil Kumar Panwar, J) sushma/- U