Shailo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25000 of 2020 Arising Out of PS. Case No.-356 Year-2019 Thana- BAHERA District- Darbhanga ====================================================== SHAILO DEVI Wife of Birendra Yadav Resident of Village-Shiv Ram, P.S.- Bahera, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Raja Yadav S/o Mahendra Yadav Resident of Village-Murtuzapur, Tole Bharokhar, P.S.-Bahera, District-Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for cancellation of bail granted to the Opposite Party no. 2 in connection with Bahera P.S. Case no. 356 of 2019 registered under sections 304B and 34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that the Opposite Party no. 2 who happens to be the husband of the deceased was granted bail vide order 16.4.2020 passed in Sessions Trial no. 468 of 2019 by the learned Court below. The petitioner is named in the FIR and there is direct allegation against him of having demanded dowry. It is further submitted that the father-in-law of the deceased was granted regular bail

Patna High Court CR. MISC. No.25000 of 2020(3) dt.07-12-2021 2/2 by this Court and the prayer for anticipatory bail of the motherin-law of the deceased was rejected up to the High Court. The learned Court below while granting bail to the Opposite Party no. 2 has committed illegality.

Heard learned APP for the State.

Having heard learned counsel for the parties and on going through the order impugned dated 16.4.2020 granting bail to the Opposite Party no. 2, this Court does not find any illegality in the same. In the opinion of the Court no ground for cancellation of bail has been made by the petitioner. There being no merit in the application, the same is dismissed. (Partha Sarthy, J) Prakash/- U