Aaloo Devi @ Aalo Devi @ Rama Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47042 of 2023 Arising Out of PS. Case No.-157 Year-2021 Thana- PURAINI District- Madhepura ====================================================== Aaloo Devi @ Aalo Devi @ Rama Devi, Wife of Late Tiro Sharma @ Kiro Sharma, Resident of Village-Kheroho, P.S.-Puraini, District-Madhepura (Bihar).
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Anand, Advocate For the Opposite Party/s :
Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.
The accused/petitioner seeks bail in connection with Puraini P.S. Case No.157 of 2021 registered for the offences punishable under Sections 304-B and 201 read with 34 of the Indian Penal Code.
3.
The accused/petitioner named in the FIR and is in custody since 28.02.2023.
4.
Allegation against the petitioner is to cause death of daughter of informant along with other co-accused persons/family members due to non-fulfilment of demand of dowry as raised for one buffalo and a motorcycle. 5.
It is submitted by learned counsel that petitioner has been implicated with this case being mother-in-law, who is
Patna High Court CR. MISC. No.47042 of 2023(2) dt.01-08-2023 2/3 living separately and having no connection with daily and domestic affairs with the deceased. It is also pointed out that the death of daughter of the informant appears normal out of kidney disease, which is evident from medical prescription as annexed herewith as Annexure-2, which is a part of present bail petition. It is submitted that after death of daughter of informant, she was well-informed but, a demand of Rs.3 lakhs was raised by informant to petitioner's family and when same was not paid, present false implication was raised. While concluding argument, it is submitted that the petitioner is a lady of clean antecedent and moreover investigation of this case is completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6.
Learned APP opposes the prayer for grant of bail to the petitioner.
7.
In view of above-mentioned facts and circumstances and by taking note of fact as petitioner is motherin-law, a lady of clean antecedent, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 28.02.2023, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.47042 of 2023(2) dt.01-08-2023 3/3 amount each to the satisfaction of the learned Additional Session Judge-III, Madhepura in connection with Puraini P.S. Case No.157 of 2021, subject to the conditions as laid down under Section 437(3) of the CrPC.
(Chandra Shekhar Jha, J.) Sanjeet/- U T