Kiran Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.28468 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28468 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Kiran Devi W/o Pankaj Yadav, Resident of Purana Salempur, P.S. Surajgarha, (Manikpur) District-Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is said to be the Gotni (wife of elder brother of the deceased) who is seeking regular bail in connection with Surajgarha (Manikpur) P.S. Case No. 29/2017 registered for the offence punishable under Sections 304B, 120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that in the First Information Report there are general and omnibus allegation, even though there is an allegation that the husband of the deceased was having illicit relationship with the present petitioner. Learned counsel submits that the petitioner being Gotni is separate in mess and business and had no connection with family of the

Patna High Court Cr.Misc. No.28468 of 2017 (2) dt.06-07-2017 deceased and has been falsely implicated in this case. Learned counsel further submits that the petitioner is in custody since 08.02.2017 with a baby boy of one year old. Learned counsel for the petitioner however submits that father-in-law and mother-in-law are already in jail.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the fact that petitioner is the wife of elder brother of the husband and she is in custody with one year old boy, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, in connection with Surajgarha (Manikpur) P.S. Case No. 29/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T