Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29293 of 2022 Arising Out of PS. Case No.-419 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== SHOBHA DEVI WIFE OF SATHRUDHAN SHARMA RESIDENT OF VILLAGE- GAJRAJGANJ , P.S- UDWANTNAGAR , DIST- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Udwantnagar P.S. Case No. 419 of 2021 registered for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R., as she is wife of co-accused, namely, Sathrudhan Sharma and is in custody since 18.04.2022.

The allegation against the petitioner is to cause death of the daughter of the informant along with other co-accused persons/family members, due to non-fulfillment of demand of

Patna High Court CR. MISC. No.29293 of 2022(2) dt.14-09-2022 2/3 dowry, where demand was raised for cash of Rs. 2,00,000/- (Rupees Two Lac Only).

Learned counsel appearing on behalf of the petitioner submitted that allegation against this petitioner, who is 'Gotani', is very much general and omnibus and moreover, petitioner is living separately having no connection with daily and domestic affairs of the deceased and her husband. It is also submitted that death of the deceased is accidental, as she died in train accident, which is apparent from 'Fardbayan' of local 'Chaukidar'. It is also submitted that petitioner is a lady having clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that the petitioner is sister-in-law of the deceased.

Considering the facts and circumstances as mentioned above, as it appears that petitioner is living separately in the background of omnibus allegation as regard to demand of dowry coupled with the fact that death appears prima-facie, due to train accident, let the petitioner, above named, is directed to

Patna High Court CR. MISC. No.29293 of 2022(2) dt.14-09-2022 3/3 be released on bail in connection with Udwantnagar P.S. Case No. 419 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 learned C.J.M., Bhojpur at Ara/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T