Lakhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38255 of 2020 Arising Out of PS. Case No.-155 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Lakhiya Devi Wife of Jawahir Ram R/o Village- Bala Sukul Tola, P.S.- Bhorey, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bhore P.S. Case no. 155 of 2020 registered under sections 304B and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that his daughter was tortured by the accused persons including the petitioner herein for non-fulfillment of dowry and ultimately she was poisoned to death.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and concocted. As has transpired in course of investigation, the daughter of the informant was under depression as she had not given birth to a child and committed suicide by taking poison. The petitioner is an old lady having no criminal antecedent and is in custody since 10.6.2020. Charge sheet has been submitted in the case so

Patna High Court CR. MISC. No.38255 of 2020(3) dt.08-03-2021 2/2 far as she is concerned.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation together with the petitioner being a lady and in custody since last about 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bhore P.S. Case no. 155 of 2020 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj. (Partha Sarthy, J) Prakash/- U