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Patna High CourtCR. MISC./34651/2021bail granted

Dharamshila Devi @ Parma Devi v. The State Of Bihar

2021-12-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34651 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- PATORI District- Samastipur ====================================================== DHARAMSHILA DEVI @ PARMA DEVI W/o Shri Bharat Ray @ Bharat Lal Ray R/o village- Tara Dhamaun, P.S.- Patori, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Ritwik Thakur, Adv.

Ms.Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.

As per the prosecution case, the daughter of the informant was married to the son of the petitioner herein. It is stated that the six named accused persons tortured the informant's daughter for non-fulfillment of demand of dowry of a Bolero vehicle and ultimately she was done to death. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for the reason that she happens to be the mother-in-law of the deceased.

Patna High Court CR. MISC. No.34651 of 2021(2) dt.24-12-2021 2/2 She is a 67 year old lady who lives in a separate house and is separate in residence and mess from her son and the deceased. The allegations are general and omnibus in nature. The husband of the petitioner ie the father-in-law of the deceased has been enlarged on bail vide order dated 16.7.2021 passed in Cr. Misc. no.35758 of 2021. The petitioner is in custody since 9.1.2021 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, grant of bail to the husband of the petitioner as stated herein above, the petitioner having remained in custody for over 11 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Patori P.S. Case no.13 of 2021 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 II, Samastipur.

(Partha Sarthy, J) Saurabh/- U T