Soniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5302 of 2021 Arising Out of PS. Case No.-179 Year-2018 Thana- BELHAR District- Banka ====================================================== SONIYA DEVI wife of Ashok Yadav Resident of Village- Hardiya, P.S.- Belhar, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyadev Pd. Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Belhar P.S. Case no. 179/2018 registered under sections 302, 328 and 34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

As per allegation in the first information report, it is stated by the informant that his daughter who was married in the year 2015 was physically and mentally tortured by her husband for non-fulfillment of the demand of dowry of Rs. 2 lacs and ultimately he received information that she had been poisoned to death. It is further stated that she had been killed wherein her sister-in-law (Gotani) also has a hand .

Patna High Court CR. MISC. No.5302 of 2021(2) dt.06-04-2021 2/2 It is submitted by learned counsel for the petitioner that the allegations levelled in the first information report are false and concocted. The allegations are against Birendra Yadav who has been enlarged on bail vide order dated 23.7.2019 passed in Cr. Misc. No. 14910 of 2019. The petitioner who is a lady has no criminal antecedent and is in custody since 30.8.2020 i.e. for more than seven months.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with grant of bail to co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Belhar P.S. Case no. 179/2018 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Spd/- U T