Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24377 of 2023 Arising Out of PS. Case No.-655 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== 1.
Shanti Devi, Wife of Brij Bihari Gond, Resident of Village- Pandeypur, PONimaze, PS- Brahmpur, Distt- Buxar 2.
Putul Kumari @ Putul Kumar, D/O Brij Bihari Gond, Resident of VillagePandeypur, PO- Nimaze, PS- Brahmpur, Distt- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP Mr. Setu Prateek, Advocate Mr. Manish Rai Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Brahmpur P.S. Case no. 655/2022 registered under sections 304B and 34 of the Indian Penal Code.
3. As per the prosecution case, it is stated by the informant that the daughter of the informant was married to the son of petitioner no.1. Soon thereafter, the accused persons including the petitioners herein started to assault the informant's daughter for non-fulfillment of demand of dowry and ultimately she was strangulated to death.
Patna High Court CR. MISC. No.24377 of 2023(2) dt.18-05-2023 2/3
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The petitioner no.1 happens to be the mother-in-law while petitioner no.2 happens to be unmarried sister-in-law of the deceased. The petitioners are in custody since 12.9.2022, charge-sheet has been submitted in the case and they undertake to cooperate in the trial.
5. The application for bail of the petitioners is opposed by learned A.P.P for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioners are named in the F.I.R but there is direct allegation against them of having strangulated the daughter of the informant to death.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, there being no eye witness to the occurrence, the allegations being general and omnibus in nature, the petitioners being the mother-in-law and unmarried sister-in-law, their being in custody for 8 months since 12.9.2022 and investigation in the case having been concluded with submission of the charge-sheet, both the petitioners are directed to be enlarged on bail in connection with Brahmpur P.S. Case no. 655/2022, on each of them furnishing
Patna High Court CR. MISC. No.24377 of 2023(2) dt.18-05-2023 3/3 bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar.
(Partha Sarthy, J) avinash/- U T