Shiva Devi @ Siva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49239 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== SHIVA DEVI @ SIVA Wife of Late Devnandan Pandey Resident of VillageBelway, P.S.-Wazirganj, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Wazirganj P.S. Case No. 219 of 2023 dated 20-04-2023 registered for the offences punishable u/s 328, 302, 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have administered poison to the daughter of the informant due to the non-fulfillment of demand of dowry.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.49239 of 2023(2) dt.17-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the Mother-in-Law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. Learned counsel further submitted that the marriage was solemnized about 11 years back from the date of occurrence. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 18.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Wazirganj P.S. Case No. 219 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T