Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57635 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Shobha Devi Wife of Dina Ray Resident Of Village-In-Front-Gali of Kumar Patrol Pump, Didarganj, P. S.-Didarganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Didarganj P.S. Case No. 97 of 2024, registered for the offences punishable under Sections 304(B)/34 of the IPC.

3. As per allegation, the marriage of the informant's daughter was solemnized with son of the petitioner. The customary presents were given at the occasion of marriage but the matrimonial inmates were not satisfied. On 10.03.2024, at about 1 A.M., the informant got an information from one Harendra Rai that the accused persons had committed dowry death of the deceased. After receiving that information, he

Patna High Court CR. MISC. No.57635 of 2024(2) dt.27-08-2024 2/3 rushed to the matrimonial house of the deceased but no one was present there. Then, he went to Maa Shitala Nursing Home and found the dead body of his daughter, lying on bed.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. She is a person of clean antecedent. He has submitted further that the petitioner is mother-in-law of the deceased, having no concern with day-to-day affairs of the couple. The FIR itself shows that the deceased died in course of treatment and this fact denotes the conduct of the inmates as the matrimonial inmates themselves had got the deceased treated and thus shows their innocence. The petitioner is under custody since 23.03.2024.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, Patna in connection with Didarganj P.S. Case No. 97 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and

Patna High Court CR. MISC. No.57635 of 2024(2) dt.27-08-2024 3/3 when required by the court.

(ii) The petitioner shall remain present physically on each and every date before the court below till framing of the charges. In case of failure on two consecutive dates, unless she is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) kundan/- U T