Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60839 of 2021 Arising Out of PS. Case No.-705 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== GITA DEVI W/O RAM BALAK RAY R/O VILLAGE- PANAPUR, P.S.- SADAR HAJIPUR, DISTRICT- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No 1, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 705 of 2021 for the offence registered under Sections 302/34 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein who is mother-in-law of the deceased victim lady having killed the deceased victim lady on account of non-fulfillment of the demand for dowry. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and she is languishing in custody since 11.08.2021. The learned counsel for the petitioner has referred to paragraph no. 11 of the present petition

Patna High Court CR. MISC. No.60839 of 2021(2) dt.30-03-2022 2/2 to submit that the main accused i.e. the husband of the deceased victim lady has already surrendered on 21.08.2021 and is in custody.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady is already in custody, the investigation is over and the charge sheet has been filed, hence no prejudice would be caused to the prosecution in case the petitioner is granted the privilege of bail, thus I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur in connection with Hajipur Sadar P.S. Case No. 705 of 2021. (Mohit Kumar Shah, J) S.Sb/- U T