Gunjan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25990 of 2022 Arising Out of PS. Case No.-252 Year-2020 Thana- KHARIK District- Bhagalpur ====================================================== GUNJAN DEVI Wife of Anil Das Resident of Village - Got Kharik, P.S.- Kharik, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kharik P.S. Case No. 252/2020, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Sections 3, 4 of the Dowry Prohibition Act, 1961. The allegation is regarding the daughter of the informant having been married with one Lalan Das in the year, 2019, however, subsequently, she was subjected to cruelty by the accused persons including the petitioner herein, who is the sister-in-law of the deceased victim lady, on account of non-fulfillment of the demand for dowry and finally, she was hanged to death by

Patna High Court CR. MISC. No.25990 of 2022(3) dt.24-01-2023 2/3 the accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 22.12.2021. It is submitted that the main accused i.e. the husband of the deceased victim lady is already in custody, hence, no prejudice will be caused to the prosecution, in case the petitioner, who is the sister-in-law of the deceased victim lady, is granted the privilege of bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady is already in custody, hence, no prejudice would be caused to the prosecution, in case bail is granted

Patna High Court CR. MISC. No.25990 of 2022(3) dt.24-01-2023 3/3 to the petitioner, who is the sister-in-law of the deceased victim lady, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM IIIrd Naugachia, District Bhagalpur/Successor Court in connection with B.P.No. 118/2022, arising out of Kharik P.S. Case No. 252/2020.

(Mohit Kumar Shah, J) Ajay/- U T