Prema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47333 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== PREMA DEVI Wife of Remal Mahto @ Rewal Bind Resident of Village - Khawa Chand Tola, P.S.- Mednichowki, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2022 Heard the learned counsel for the petitioner and Sri Shailendra Kr. Singh, the learned APP for the State. The petitioner seeks regular bail in connection with Mednichowki PS case no. 45 of 2021 instituted for the offences punishable under Sections 304 (B)/34 of Indian Penal Code. The allegation is regarding the accused persons including the petitioner having killed the deceased victim lady on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 27.03.2021. The learned counsel for the petitioner has further submitted by referring to paragraph no. 8 of the present petition that the husband of the deceased victim lady is rotting in

Patna High Court CR. MISC. No.47333 of 2021(2) dt.28-02-2022 2/2 jail custody since 27.03.2021. Lastly, it is submitted that a general and omnibus allegation has been levelled against the accused persons and the actual fact is that the deceased victim lady had committed suicide by hanging herself.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is the mother-in-law of the deceased victim lady while the husband is already in custody and a general and omnibus allegation has been levelled against the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M. 1st, Lakhisarai in connection with Mednichowki PS case no. 45 of 2021. (Mohit Kumar Shah, J) rinkee/- U T