Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11525 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- BAKHTIARPUR District- Saharsa ====================================================== BABITA DEVI, Wife of Yugal Kishore Sah, Resident of Village- Simri Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Sah, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 302/304(B)/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

Allegation against the petitioner alongwith other accused persons is said to have killed the victim due to nonfulfillment of demand of dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.11525 of 2021(2) dt.23-07-2021 2/2 case. He further submits that the petitioner is mother-in-law of the deceased. The husband of the deceased in judicial custody, which is not mentioned in bail application, but he stated before the bar that the husband of the deceased is in judicial custody. The petitioner is languishing in judicial custody since 05.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposed the prayer for bail of the petitioner.

Considering the husband of the deceased is in judicial custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Bakhtiyarpur P.S. Case No. 205/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T