Macholi Devi @Machola Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38109 of 2024 Arising Out of PS. Case No.-176 Year-2012 Thana- KATORIYA District- Banka ====================================================== Macholi Devi @ Machola Devi, aged about 45 years, Female, Wife of Congres Yadav @ Kongress Yadav, Resident of Village- Udalkhut, P.S.- Katoriya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Katoriya P.S. Case No. 176 of 2012 instituted for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, It is case of dowry death due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. Petitioner is sister-in-law (Gotni) of the deceased and has living separately from the deceased and has no concern with her. He further submits that the deceased has married more than 10 years from the date of FIR and she has issueless. He next submits that the husband of the petitioner has gone to informant's house and inform him about the

Patna High Court CR. MISC. No.38109 of 2024(3) dt.01-08-2024 2/2 occurrence. Petitioner is a lady aged about 45 years has no criminal antecedent as stated in para 3 of the petition is in custody since 01.03.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, case diary, postmortem report and impugned order of the learned Additional District and Sessions Judge-IV, Banka dated 16.04.2024, it appears that petitioner is named in the FIR. From perusal of the case diary, it is evident that the doctor has found frothing blood stained from her mount and the report of the victim is reserved. Further coaccused of this case namely Congress Yadav (husband of the petitioner) has granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 38276 of 2013 vide order dated 14.07.2014, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-4th, Banka in connection with Katoriya P.S. Case No. 176 of 2012.

(Ramesh Chand Malviya, J) Anand Kr.

U T