Kaushalya Devi @ Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52297 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Kaushalya Devi @ Sushila Devi W/O Late Nathuni Bind R/O Village- Khaba, Bind Tola, P.S.- Medni Chowki, District- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner seeks bail in connection with Medni Chowki P. S. Case No.103 of 2020, instituted for the offences under Section 304 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 19.10.2020, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that the informant alleges that her daughter was married to Sajan Bind and out of the wedlock, a daughter was born, who presently is aged about 04 years. It is further alleged that the

Patna High Court CR. MISC. No.52297 of 2021(2) dt.09-02-2022 2/3 accused including the petitioner were demanding Rs.1,00,000/- by way of dowry for non-fulfilment of the demand deceased was assaulted by the accused persons including the petitioner. It is further alleged that on 17.10.2020, the husband and the Dewar assaulted the daughter of the informant leading to death.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. She is the mother-in-law of the deceased and the allegation as alleged in the F.I.R., it would suggest that it was the husband along with the Dewar, who assaulted the deceased leading to death.

The learned A.P.P. for the State opposes the bail application and submits that post mortem report records asphyxia due to strangulation.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in the case and is the mother-in-law of the deceased and is not alleged to have assaulted leading to death of the deceased, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds

Patna High Court CR. MISC. No.52297 of 2021(2) dt.09-02-2022 3/3 in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Medni Chowki P. S. Case No.103 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T