Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25438 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Kunti Devi, Wife of Late Devendra Sharma, Resident of Village - Bagahi, P.S.- Motipur, District - Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-05-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Motipur P.S. Case no. 199 of 2022 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant was married to the son the petitioner. It is stated that the accused persons including the petitioner herein started to torture and assault the informant's daughter for non-fulfillment of demand of dowry to the tune of Rs.2 lacs and a motorcycle. Ultimately, she was done to death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that she happens to be the mother-in-law of the deceased.

Patna High Court CR. MISC. No.25438 of 2023(2) dt.19-05-2023 2/2 The informant is not an eye witness to the occurrence. The allegations are general and omnibus in nature. The husband of the deceased is in custody. The petitioner is in custody since 15.12.2022, she has no criminal antecedent and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation in the F.I.R, the petitioner being the mother-in-law of the deceased, her being in custody for 5 months since 15.12.2022, chargesheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Motipur P.S. Case no. 199 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate -IInd, Muzaffarpur (West), District- Muzaffarpur. (Partha Sarthy, J) avinash/- U T