Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42858 of 2022 Arising Out of PS. Case No.-255 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== SUNITA DEVI Wife of Ram Kumar @ Ram Kumar Rai @ Ram Pukar Rai Resident of village- Patsharma, P.s- Gaighat, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Gaighat P.S. Case No. 255 of 2019 registered for the offence under Sections 304(B)/201/34 of the Indian Penal Code. Allegations against the petitioner is that she along with other co-accused killed the informant's sister due to non-fulfillment of dowry demand and with a view of wipe of the evidence, they disposed her dead body.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is first wife of co-accused namely, Ram Kumar Rai due to which she has falsely been implicated in this case. It is further submitted that there is no consistent evident found against the

Patna High Court CR. MISC. No.42858 of 2022(3) dt.10-01-2023 2/2 petitioner to proof her complicity in commission of murder of informant's sister and there was no prior complaint against petitioner regarding demand of dowry and torture to the informant's sister. The husband of deceased is already in judicial custody. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.3.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaighat P.S. Case No. 255 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur.

(Sunil Kumar Panwar, J) amandeep/- U T