Sonma Devi @ Sonwa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31300 of 2022 Arising Out of PS. Case No.-20 Year-2020 Thana- KOTHI District- Gaya ====================================================== SONMA DEVI @ SONWA DEVI W/o Kail Yadav Resident of VillageTelwari, P.S.- Kothi, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code. As per prosecution story, deceased was issueless and she had not been able to deliver issue after her marriage owing to that she was subjected to torture by this petitioner and co-accused persons, as per FIR, accused persons also tortured the deceased for dowry and finally accused persons strangulated her to death. The main submissions advanced by Sri Md. Javed Jafar Khan, the learned counsel appearing for the petitioner are that in the present case, co-accused persons Yogendra Yadav, Shankar Yadav and Kail Yadav who happen to be brother-in-law and father-in-law of

Patna High Court CR. MISC. No.31300 of 2022(2) dt.25-08-2022 2/2 the deceased have been granted bail by coordinate bench of this court vide orders passed in Cr. Misc. no. 5693 of 2021 and Cr. Misc. no. 18315 of 2021 and the allegation against the present petitioner is of similar nature like said co-accused persons and the petitioner is a woman and against her there is general and omnibus allegation in the FIR and she has been languishing in jail since 13.12.2021. Sri Prem Kumar Jha, learned APP appearing for the State has opposed the prayer for bail.

Having considered above submissions and mainly taking into account the privilege of bail having been granted to co-accused persons including father-in-law of the deceased who have been alleged same nature of allegation as above the petitioner and the present petitioner is a lady and against her there is no specific allegation in the FIR, she has been languishing in jail since 13.12.2021, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subhas Kumar, Judicial Magistrate, Ist Class, Sherghati District Gaya/ concerned court in Kothi P.S Case No. 20 of 2020. (Shailendra Singh, J) s.hassan/- U T