Jeebachhi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16631 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- MAHISHI District- Saharsa ====================================================== Pradeep Yadav, Gender-Male, aged about 25 years, Son of Shivkant Yadav Village- Panchbhinda, Ward No. 4, P.S.- Mahishi (Jalai), Dist- Saharsa ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 27837 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- MAHISHI District- Saharsa ====================================================== Jeebachhi Devi, Gender-Female, aged about 65 years, Wife of Dev Narayan Yadav, Resident of Village - Panch Bhinda, Ward No. 4, P.S. - Mahishi (Jalai), Distt. - Saharsa ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 16631 of 2023) For the Petitioner :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party :
Ms. Pronoti Singh, Advocate (In CRIMINAL MISCELLANEOUS No. 27837 of 2023) For the Petitioner :
Mr. Rajeev Ranjan Sinha, Advocate For the Opposite Party :
Mr. Madan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2023 Both the cases have been heard together as they arise out of the same P.S. Case number.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners seek bail in connection with Mahishi (Jalai) P.S. Case No. 335 of 2022 dated 24.11.2022,
Patna High Court CR. MISC. No.16631 of 2023(2) dt.16-05-2023 2/3 instituted for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
4. The prosecution case in short, is that on 24.11.2022, the informant got information that his niece, namely, Laxmi Devi (deceased) was being assaulted by her in-laws. Thereafter, the informant reached at the house of her niece and found that her niece was laying dead. Thereafter, the informant lodged F.I.R. against the petitioners and other accused persons.
5. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the petitioner Pradeep Yadav (Cr. Misc. No.16631 of 2023) is cousin of the husband of the deceased, whereas, petitioner Jeebachhi Devi (Cr. Misc. No. 27837 of 2023) is the mother-in-law of the deceased. Further, it is submitted that there is no eye-witness of the occurrence and the petitioner Pradeep Yadav (Cr. Misc. No.16631 of 2023) is separate in mess and property from husband of the deceased since long. It is also stated that though petitioner Pradeep Yadav is named in the F.I.R. but there is general and omnibus allegation against him. It is further submitted that the husband of the deceased has already surrendered before the Court below
Patna High Court CR. MISC. No.16631 of 2023(2) dt.16-05-2023 3/3 on 14.10.2023 and since then he is in judicial custody. Lastly, it has been submitted that the petitioners are in custody since 28.11.2022 and 25.11.2022 respectively having no criminal antecedents and charge-sheet has been submitted in the case.
6. Learned A.P.P. has opposed the prayer for bail of the petitioners.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of S.D.J.M., Saharsa in Mahishi (Jalai) P.S. Case No. 335 of 2022. (Khatim Reza, J) Gaurav Kumar/- U T