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Patna High CourtCR. MISC./24521/2020allowed

Saraswati Devi v. The State Of Bihar

2020-11-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24521 of 2020 Arising Out of PS. Case No.-280 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Saraswati Devi, aged about 60 years, Female, W/o Vyasdev Singh @ Vyasdeo Prasad Singh, Resident of Village- Saraiya Ward No.13, P.S.- Town, DisttGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the State :

Mr.Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2020 Heard the parties through virtual court proceeding. The petitioner seeks bail in connection with Gopalganj P.S. Case No. 280 of 2020 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Allegation against the petitioner is about committing torture upon the victim due to non-fulfillment of demand of dowry and due to non-fulfillment of the same, he killed the daughter of the informant and disposed of her dead body. Learned counsel for the petitioner submits that initially the police has registered case under Section 304(B) of the I.P.C. but later on, he filed the charge sheet under Sectiion 306 of the I.P.C. Learned counsel for the petitioner further submits that during investigation, police found that a suicidal

Patna High Court CR. MISC. No.24521 of 2020(3) dt.04-11-2020 2/2 note in writing of the deceased wherein it has been stated by the deceased lady that he has committed the said suicide by his own will and nobody of my family is accountable for it. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 22.05.2020. He further submits that the doctor has occupying the cause of death due to Asphyxia due to hanging.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No.280 of 2020.

(Anjani Kumar Sharan, J) Nasimul/- U T