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Patna High CourtCR. MISC./45327/2023allowed

Lukhri Devi @ Lukhari Devi v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45327 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Lukhri Devi @ Lukhari Devi Wife Of Vakil Mandal Resident Of Village - Chammachak, P.S. - Goradih, Dist.- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manohar Prasad Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B, 120B of the Indian Penal Code.

As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The petitioner is alleged to be mother-in-law of the deceased and there is no specific allegation of commission of murder levelled against her. She has got no criminal antecedent. It is further

Patna High Court CR. MISC. No.45327 of 2023(2) dt.28-07-2023 2/2 submitted that she has no concern mess with and business of the deceased as well her husband and living separately from both of them. Moreover, the petitioner is languishing in judicial custody since long.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jagdishpur Goradih P.S. Case No. 11 of 2023 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-Ist Class, Bhagalpur.

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