Sarita Devi @ Maina Devi @ Maniya Devi @ Savita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40773 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- NAGAR District- Vaishali ====================================================== SARITA DEVI @ MAINA DEVI @ MANIYA DEVI @ SAVITA DEVI W/O PRAMOD PASWAN Resident of Village - Near Mahnar Purani Registry Office Naya Tola Kharjamma, P.S.- Mahnar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 61 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 22.02.2022.

The allegation against the petitioner is to commit murder of daughter of the informant along with other coaccused persons/family members, due to non-fulfillment of demand of dowry, where alleged occurrence took place after 10

Patna High Court CR. MISC. No.40773 of 2022(2) dt.13-10-2022 2/3 years of marriage.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is married sister-in-law of deceased, living with her husband and in-laws, separately. It is also submitted that such an allegation after 10 years of marriage appears, prima-facie, ill motivated, where, nature of allegation/assault is very much general and omnibus. It is also submitted that informant is not the eye-witness of the occurrence and entire allegation is based upon suspicion. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is married sister-in-law, who is a lady of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Town P.S. Case No. 61 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.40773 of 2022(2) dt.13-10-2022 3/3 each to the satisfaction of learned C.J.M., Vaishali at Hajipura/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T