Khakhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38124 of 2023 Arising Out of PS. Case No.-230 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Khakhiya Devi, Wife of Ram Sagar Das, Resident Of Village- Gangabpur, PsWainy (O.P), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate Mr. Thakur Bikram Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 255/23 arising out of Tajpur (Waini) P.S. Case No. 230 of 2022 dated 13.05.2022 registered for the offences punishable u/s 498A and u/ss 302 and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the co-accused persons in connivance with one another are alleged to have committed murder of the informant's daughter due to

Patna High Court CR. MISC. No.38124 of 2023(2) dt.28-06-2023 2/3 non-fulfillment of demand of dowry.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner has neither demanded any dowry nor tortured the informant's daughter. Learned counsel has further submitted that the petitioner is the mother-in-law of the deceased and the marriage was solemnized 10 years back prior to lodging of the F.I.R. The couple was blessed with a daughter and a son. There is general and omnibus allegation against the petitioner. The co-accused persons have already been granted bail by the Coordinate Bench of this court vide order dated 04.05.2023 passed in Cr. Misc. No. 52017 of 2022. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the fact that the petitioner is other than the husband, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.38124 of 2023(2) dt.28-06-2023 3/3 satisfaction of learned Court concerned, Samastipur in connection with Tajpur P.S. Case No. 230 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T