Bechan Devi @ Bechni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34049 of 2023 Arising Out of PS. Case No.-73 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== Bechan Devi @ Bechni Devi Wife of Naresh Ram Resident of VillageVinova Tola, Lauwalagan, PS- Chousa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 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 S.T.No. 234/2022, Chousa P.S. Case No. 73 of 2021 registered for the offence under Sections 304-B, 201, 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 04.05.2022.

The allegation against this petitioner is to cause death of daughter of informant alongwith other co-accused persons/family members due to non fulfillment of demand of dowry, as raised for one motorcycle.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.34049 of 2023(2) dt.26-06-2023 2/3 submitted that petitioner is mother-in-law and living separately having no connection with daily and domestic affairs of deceased and her husband. It is submitted that the thrust of allegation is available against the husband of the deceased, who is in judicial custody for the present. It is also submitted that nothing surfaced during the course of investigation, which may suggest specific allegation against this petitioner, as to raise demand of dowry and to commit cruelty soon before the occurrence. While concluding the argument, it has been submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as petitioner is mother-inlaw, living separately having no connection with daily and domestic affairs of deceased, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 04.05.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with S.T.No. 234/2022, Chousa P.S. Case No. 73 of 2021 on furnishing bail bond of

Patna High Court CR. MISC. No.34049 of 2023(2) dt.26-06-2023 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIII, Madhepura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T