Sunita @ Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25538 of 2023 Arising Out of PS. Case No.-198 Year-2011 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

Sunita @ Sunita Devi D/O Ram Narayan Yadav Resident Of Village-Pathar Dei, P.S.-Ziradei, District-Siwan 2.

Chameli Devi Wife Of Rajkumar Yadav Resident Of Village-Pathar Dei, P.S.-Ziradei, District-Siwan ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 324, 326, 307, 498A, 34 of the Indian Penal Code later on Section 304B of the IPC and Section 3⁄4 of DP Act was also added.

As per prosecution case, the informant alleged that due to non-fulfillment of dowry demand the petitioners and co-accused person poured kerosene oil on the body of her

Patna High Court CR. MISC. No.25538 of 2023(4) dt.09-08-2023 2/3 daughter and set on fire due to which her daughter sustained burn injuries and died.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioners are in-laws of the deceased due to which they have falsely been implicated in this case. They have got no criminal antecedent. The petitioners have no concern with the mess and business of the deceased as well as her husband and they were living separately from both of them and her husband has already been granted bail. It is further submitted that the petitioners are languishing in judicial custody since 08.12.2022 and 22.11.2022, respectively. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Hussainganj P.S. Case No. 198 of 2011 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.25538 of 2023(4) dt.09-08-2023 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan.

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