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Patna High CourtCR. MISC./54819/2023allowed

Shila Devi v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54819 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== Shila Devi Wife Of Mahesh Kumar Yadav Resident Of VillageMohiuddinpur, Ps- Bakhraj, Distt- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54713 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- BARURAJ District- Muzaffarpur ====================================================== Mina Devi Wife Of Lalan Ray Resident Of Village -mahadipur, Ps- Baruraj, Distt- Muzaffarpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 54819 of 2023) For the Petitioner/s :

Mr.Uday Prasad Singh For the Opposite Party/s :

Mr.Ramchandra Sahni (In CRIMINAL MISCELLANEOUS No. 54713 of 2023) For the Petitioner/s :

Mr.Uday Prasad Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Section 365/34 of the Indian Penal Code but charge-sheet has

Patna High Court CR. MISC. No.54819 of 2023(3) dt.17-10-2023 2/3 been submitted under Sections 304(B), 120(B), 201/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

The accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners are sister-in-law and mother-in-law of the deceased and they have no concern with the day-do-day affairs of the deceased and her husband. The petitioners live separately from the husband of the deceased. The husband of the deceased has not been made accused in this case. The petitioners are languishing in custody since 19.04.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.54819 of 2023(3) dt.17-10-2023 3/3 under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned 5th Judicial Magistrate, Muzaffarpur in connection with Baruraj P.S. Case No. 72 of 2023.

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