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Patna High CourtCR. MISC./50142/2023allowed

Janki Devi v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50142 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Janki Devi Wife Of Late Ramdeo Mahto Resident Of Village- Surha Basatpur, Ps- Hasanpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498A, 364 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with her family members is that they committed murder of the informant's daughter for the purpose of dowry demand. It is further alleged that the informant believed that petitioner along with other might have murdered his daughter and disappeared the dead body of his daughter.

Patna High Court CR. MISC. No.50142 of 2023(3) dt.06-11-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is mother-in-law of the informant's daughter due to which she has falsely been implicated in this case. No specific allegation has been levelled against the petitioner rather general and omnibus allegation has been levelled against her. Specific allegation is against husband of the victim who had full responsibility toward his wife. Petitioner has no concern with mess and business of the victim as well as from her husband and also she lives separately from them. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 23.09.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hasanpur P.S. Case No. 177 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.50142 of 2023(3) dt.06-11-2023 3/3 satisfaction of learned Additional Sessions Judge-I, Rosera. (Sunil Kumar Panwar, J) Shubham/- U T