Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46202 of 2022 Arising Out of PS. Case No.-130 Year-2020 Thana- IMAMGANJ District- Gaya ====================================================== MALTI DEVI WIFE OF BINDU YADAV R/O VILLAGE- BHINDAH, P.S.- IMAMGANJ, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Imamganj PS case no. 130 of 2020 instituted for the offences punishable under Section 304-B of Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein, who is the mother-in-law of the deceased victim lady, having killed the daughter of the informant, on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 18.05.2022. The learned counsel for the petitioner has also submitted, by referring to paragraphs no. 8 and 9 of the

Patna High Court CR. MISC. No.46202 of 2022(2) dt.16-12-2022 2/2 present petition, that firstly, the petitioner is living separately from her son and deceased victim lady and secondly, the husband of the deceased victim lady i.e. the son of the petitioner is already in custody, hence no prejudice shall be caused to the prosecution, in case the petitioner is enlarged on bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is stated to be living separately from her son and the deceased victim lady as also the husband of the deceased victim lady i.e. the son of the petitioner is already in custody, I deem it fit and appropriate to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Gaya in connection with Imamganj PS case no. 130 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T