Shivdulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44193 of 2022 Arising Out of PS. Case No.-625 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Shivdulari Devi W/o Singeshwar Ram R/o village- Bulan Sarai, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44287 of 2022 Arising Out of PS. Case No.-625 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Dhannu Ram Son of Late Bijli Ram Resident of village - Bulan Sarai, P.s. Bidupur, District - Vaishali.
2.
Laxmi Devi @ Manju Devi W/o Dhannu Ram Resident of village - Bulan Sarai, P.s. Bidupur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 44193 of 2022) For the Petitioner/s :
Mr. Dilip Kumar Singh, Advocate For the State :
Mr. Ashok Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 44287 of 2022) For the Petitioner/s :
Mr. Dilip Kumar Singh, Advocate For the State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2022 Cr. Misc. No. 44193 of 2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bidupur
2/5 P.S. Case No. 625 of 2021 registered for the offence under Sections 304B and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 05.05.2022.
The allegation against the petitioner is to cause death of daughter of the informant, alongwith other co-accused persons/family members, due to non-fulfillment of demand of dowry, as raised for one motorcycle.
Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in the present case, only being the mother-in-law, whereas thrust of allegation is available against the husband of the deceased. It is also submitted that petitioner, being mother-in-law, live separately from deceased and her husband, having no concern with the daily and domestic affairs of the deceased. It is further submitted that cause of death is yet to ascertain and no external injury was noticed, while conducting post mortem upon the deceased, which suggests that physical assault was not made soon before the occurrence. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of
3/5 tampering with the evidence.
Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as petitioner is a lady, being mother-in-law, living separately from the deceased and her husband coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bidupur P.S. Case No. 625 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, Vaishali at Hajipur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. Cr. Misc. No. 44287 of 2022 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioners seek bail in connection with Bidupur P.S. Case No. 625 of 2021 registered for the offence under Sections 304B and 34 of the Indian Penal Code.
4/5 The accused/petitioners are named in the F.I.R. and are in custody since 04.05.2022.
The allegation against the petitioners is to cause death of daughter of the informant, alongwith other co-accused persons/family members, due to non-fulfillment of demand of dowry, as raised for one motorcycle.
Learned counsel appearing on behalf of the petitioners submitted that petitioners have been falsely implicated in the present case, only being the cousin mother-in-law and cousin father-in-law, whereas thrust of allegation is available against the husband of the deceased. It is also submitted that petitioners, being cousin mother-in-law and cousin father-in-law, live separately from deceased and her husband, having no concern with the daily and domestic affairs of the deceased. It is further submitted that cause of death is yet to ascertain and no external injury was noticed, while conducting post mortem upon the deceased, which suggests that physical assault was not made soon before the occurrence. While concluding the argument, it is submitted that petitioners are persons of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
5/5 Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as petitioners are cousin mother-in-law and cousin father-in-law, living separately from the deceased and her husband coupled with the fact that chargesheet has been submitted, let both the petitioners, above named, are directed to be released on bail in connection with Bidupur P.S. Case No. 625 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Ankit/- U T