Chhattur Devi @ Chhudur Devi @ Malti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39977 of 2021 Arising Out of PS. Case No.-33 Year-2021 Thana- KASMA District- Aurangabad ====================================================== Chhattur Devi @ Chhudur Devi @ Malti Devi Wife of Jeetendra Rajak Resident of Village - Adarsh Bigha, P.S.- Haspura, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate :
Ms. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2021 The case is being taken out of turn based on mentioning made by the learned counsel for the petitioner that the petitioner is in advanced stage of pregnancy and is carrying pregnancy of nearly nine months for which the learned counsel for the petitioner has filed a supplementary affidavit bringing on record the medical certificate issued by Health and Family Welfare Ministry.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kasma P.S. Case No. 33 of 2021 dated 24.04.2021 instituted for the offences under Sections 498A, 304B, 302 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.39977 of 2021(2) dt.23-12-2021 2/3 Learned counsel for the petitioner submits that the petitioner is in custody since 06.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that his daughter (deceased) was married to Uppu Rajak in 2013 and out of the wedlock one daughter and one son were born. Further, the deceased was subjected to cruelty by her husband for dowry. It is further alleged that on 24.04.2021, the informant came to know that his daughter and granddaughter have been burnt to death by the named accused persons including the petitioner.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that as far as this petitioner is concerned, the allegations are general and omnibus and petitioner is sister-inlaw (nanad) of the deceased and is married and resides at her matrimonial home at Adarsh Bigha and on the date of occurrence also she was not present at the place of occurrence. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody
Patna High Court CR. MISC. No.39977 of 2021(2) dt.23-12-2021 3/3 since 06.06.2021, is the sister-in-law of the deceased and is married and resides at her matrimonial home and is in advanced stage of pregnancy, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Kasma P.S. Case No. 33 of 2021.
(Satyavrat Verma, J) Rishi/- U T