Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29585 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Shanti Devi Wife of Late Jawahar Rai R/o Village-Jagwati, Ward No.6, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Manihari P.S. case No. 259 of 2023 corresponding to G.R. No. 6854 of 2023 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

3. Prosecution case, in short, is that the petitioner alongwith the family members tortured and killed the deceased for the non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.29585 of 2024(2) dt.22-04-2024 2/3 petitioner is a lady and has falsely been implicated in the present case. Petitioner is the mother-in-law of the deceased. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner rather the specific allegation is attributed to the husband of the deceased. Learned counsel further submitted that petitioner is separate in mess and business and has got no concern in the family affairs of the deceased and her husband. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, husband of the deceased being in custody, general and omnibus nature of allegation against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.29585 of 2024(2) dt.22-04-2024 3/3 below/concerned Court in connection with Manihari P.S. case No. 259 of 2023, corresponding to G.R. No. 6854 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T