Shiv Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38036 of 2020 Arising Out of PS. Case No.-61 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== 1.

SHIV KUMARI DEVI Wife of Late Nilamber Rai Resident of VillageShaikhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali. 2.

Umesh Rai Son of Late Kashi Rai @ Panjabi Rai Resident of VillageShaikhpura Chak, Kartaha, P.S.- Kartaha, District- Vaishali. ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2021 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for the offence punishable under Section 304B and 201/34 of the Indian Penal Code.

As per the prosecution case, the sister of the informant is said to have been killed by the petitioners in association of other co-accused.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.38036 of 2020(3) dt.05-03-2021 2/2 specific rather general and omnibus in nature. As a matter of fact, the deceased died due to cardiac arrest and fear of corona virus. The marriage of the deceased was solemnized seven years back, hence no case is made out under Section 304 B of the IPC. Petitioner no.1 is the mother-in-law of the deceased and petitioner no.2 is the co-villager. The petitioners have no criminal antecedent and have been languishing in custody since 17.07.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XV, Vaishali at Hajipur in connection with Kartaha P.S. Case No.61 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T