Shaila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50523 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== Shaila Devi, wife of Sheo Balak Yadav, Resident of Village - Lakhichak, P.S. Noorsarai, District Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 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 the learned Additional Public Prosecutor for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Asthawan P.S. Case No. 339 of 2022 dated 12.12.2022 registered for the offences punishable under Sections 341, 323, 504, 506, 109 and 498A read with Section 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act and later on, Sections 304B, 328 and 120B of the Indian Penal Code have been added.

4. As per the prosecution case, the petitioner and

Patna High Court CR. MISC. No.50523 of 2023(2) dt.16-08-2023 2/3 co-accused persons including husband of the informant are alleged to have tortured the informant due to non-fulfillment of demand of dowry. It is further alleged that the informant herself consumed pesticides(poison). The in-laws took her to Biharsharif for treatment and she was referred to Patna and was admitted to IGMS.

5. Learned counsel for the petitioner has submitted that petitioner being the mother-in-law of the deceased has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. The petitioner has clear antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2023.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim died during the course of treatment.

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 the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in

Patna High Court CR. MISC. No.50523 of 2023(2) dt.16-08-2023 3/3 connection with Asthawan P.S. Case No. 339 of 2022.

8. The application stands allowed.

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