Chameli Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24047 of 2019 Arising Out of PS. Case No.-79 Year-2003 Thana- PALASI District- Araria ====================================================== CHAMELI DEVI, aged about 50 years, Female, Wife of Shivanand Mandal, Resident of Village- Korhaili, Police Station- Palasi, District- Araria ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2 17-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 25.03.2019 in connection with S. Tr. No. 278 of 2018 arising out of Palasi P.S. Case No. 79 of 2003 for the offence alleged under Section 304B of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter, Leela Devi, was married to one Ramanand Mandal six years back and was always tortured for demand of dowry. The husband of the deceased, Leela Devi, had illicit relationship with the petitioner who was the gotni of the deceased and all the accused, including the petitioner and husband have killed his daughter and have absconded from the house.
It has been submitted by the learned counsel for the petitioner that she is innocent and there was no illicit relationship with the husband of the deceased, general and omnibus allegations have been levelled against the petitioner and the husband of the deceased has been acquitted by the Additional District & Sessions Judge, Fast Track Court,
Patna High Court CR. MISC. No.24047 of 2019(2) dt.17-04-2019 2/2 III, Araria, on 15.08.2007 in S. Tr. No. 557 of 2007. He submits that the husband of the petitioner, who was also made accused, with similar allegation, has been granted the privilege of bail by coordinate Bench of this Court in Cr. Misc. No. 64623 of 2018, dated 26.10.2018. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the nature of allegations and the materials on record as well as the fact that the husband of the deceased has been acquitted in sessions trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 278 of 2018 arising out of Palasi P.S. Case No. 79 of 2003 to the satisfaction of the learned Sessions Judge, Araria, or the successor Court subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T