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Patna High CourtCR. MISC./53325/2022allowed

Prabhawati Devi v. The State Of Bihar

2023-01-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53325 of 2022 Arising Out of PS. Case No.-260 Year-2022 Thana- EKMA District- Saran ====================================================== PRABHAWATI DEVI W/o Late Ramesh Sah Resident of Village - Karanpura Aamdarhi, P.s.- Ekama, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 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 304B, 302/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her family members has tortured in various ways due to nonfulfillment dowry demand and ultimately they killed her. 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 has never demanded any thing from the deceased. She has no concern with the daily activity of the deceased and her husband and is living separately. In fact, deceased herself committed suicide in

Patna High Court CR. MISC. No.53325 of 2022(2) dt.18-01-2023 2/2 her bedroom. The sole responsibility to take care of wife is upon husband of the informant and not against the family members. She is languishing in judicial custody since 16.06.2022. 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 CJM, Saran in connection with Ekma P.S. Case No. 260 of 2022. (Sunil Kumar Panwar, J) sushma/- U