Nagiya Devi @ Nagina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50802 of 2023 Arising Out of PS. Case No.-385 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Nagiya Devi @ Nagina Devi W/O Surajdev Yadav @ Surya Dev Yadav R/O Village- Lodipur, P.S- Khizersarai, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under Sections 304(B), 201 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her family members has tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them and her dead body had been disposed of.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the deceased and has been falsely implicated in this case. She had never demanded any thing from the deceased. She has no concern with the mess and business of the deceased and her husband.

Patna High Court CR. MISC. No.50802 of 2023(2) dt.11-08-2023 2/2 The sole responsibility to take care of wife is upon husband and not against his family members. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Similarly situated co-accused Surajdev Yadav @ Surya Dev Yadav (father-in-law of the deceased) has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 04.07.2023 passed in Cr. Misc. No. 12724 of 2023. Petitioner is an old lady and languishing in judicial custody since 21.05.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Gaya in connection with Khizersarai P.S. Case No. 385 of 2022.

(Sunil Kumar Panwar, J) lata/- U T