Doli Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43788 of 2022 Arising Out of PS. Case No.-437 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== DOLI DEVI Wife of Ranjit Kumar Resident of village- Madhepur College Chowk, Belhaghat, Ward No. 5 P.S- Madhepura, Dist- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-12-2022 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.
Considering the submission of learned counsel for the petitioner, learned counsel for the petitioner is permitted to make necessary correction in satisfaction portion of the present bail petition.
The petitioner seeks bail in connection with Madhepura P.S. Case No.437 of 2021 registered for the offence under Sections 498(A) and 304(B) of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 14.08.2021.
The allegation against the petitioner is to cause death
Patna High Court CR. MISC. No.43788 of 2022(3) dt.12-12-2022 2/3 of daughter of informant along with other family members/coaccused persons, due to non-fulfillment of demand of dowry. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case, only being family member / 'Gotni' of the deceased. It is further pointed out that allegation is appearing very much general and omnibus.
While traveling over the argument, it is submitted that victim received burn injuries, while she was cooking and on the very next date she was taken to Purnia by her parents, for treatment, and when left unattended she was shift to Madhepura Medical College for treatment, by her husband, where, she finally succumbed to burn injury after three months, thereafter, present case was lodged, without any just explanation, due to oblique motive. It is also pointed out that petitioner living separately with her husband and having no connection with the daily affairs of the deceased and her husband.
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, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State,
Patna High Court CR. MISC. No.43788 of 2022(3) dt.12-12-2022 3/3 opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as petitioner is a lady, living separately with deceased, where, she is in custody since 14.08.2021 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 Madhepura P.S. Case No. 437 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura/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