Sheela Devi @ Kaushalya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28708 of 2024 Arising Out of PS. Case No.-128 Year-2021 Thana- HAYAGHAT District- Darbhanga ====================================================== Sheela Devi @ Kaushalya Devi W/o Vinay Manjhi @ Binay Manjhi R/o vill - Hathauri, P.S. - Hayaghat, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 304B/ 34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner is mother in law of the deceased. She in connivance with other co-accused persons killed the daughter of the informant due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is mother-in-law and she has falsely been implicated in this present case. The informant is not an eye witness of the alleged occurrence and there is no

Patna High Court CR. MISC. No.28708 of 2024(2) dt.26-04-2024 2/2 prior complaint of torture and misbehave by the accused persons at her matrimonial home. It is further submitted that during investigation, informant and witnesses also not supported the prosecution version. Husband (accused) of the deceased has already been enlarged on bail by this Court vide order dated 2.12.2023 passed in Cr. Misc. No. 74559 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 7.3.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hayaghat P.S. Case No. 128 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-X, Darbhanga.

(Sunil Kumar Panwar, J) sushma/- U