Devkala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46701 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- MARAUNA District- Supaul ====================================================== DEVKALA DEVI, W/O- Umesh Mukhiya, R/O Village- Bhaluwahi, P.SMarauna, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-07-2023
1. Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with S.Tr. No. 535 of 2022 arising out of Marauna P.S. Case No. 38 of 2022 dated 06.03.2022 registered for the offences punishable under Sections 302, 304B read with Section 34 of the Indian Penal Code and later on, charge-sheet has been submitted in the instant case against the accused persons for the offences under Sections 302, 304B and 498A read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel Mr. Bimlesh Kumar Pandey appearing for the petitioner are that the petitioner is sister-in-law of the deceased and against her, there is no specific allegation in the FIR, altogether eleven accused persons including the petitioner have been made accused in this
Patna High Court CR. MISC. No.46701 of 2023(2) dt.31-07-2023 2/2 case out of them, father-in-law and mother-in-law of the deceased have been granted bail by a co-ordinate Bench of this Court vide order 16.01.2023 passed in Cr. Misc. No. 41327 of 2022 and husband of the deceased is in jail. Further submissions are that the petitioner lived separately in mess, having no concern with family affairs of the husband of the deceased and she has been languishing in jail since 16.09.2022 and against her, investigation has been completed.
4. Learned APP Mr. Damodar Prasad Tiwary appearing for the State has opposed the prayer for bail.
5. Having regard to the facts and circumstances of this case and considering the above submissions and taking into account the circumstances pointed out by petitioner's counsel which go in favour of the petitioner's prayer for bail, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with S.Tr. No. 535 of 2022 arising out of Marauna P.S. Case No. 38 of 2022.
(Shailendra Singh, J.) Maynaz/- U T