Patna High CourtCR. MISC./59507/2024bail granted

Chandrawati Devi v. The State Of Bihar

2024-08-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59507 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== Chandrawati Devi W/o- Abhimanyu Rishideo @ Abhimanyu VillageTamganj Ward No- 03 Police Station-Narpatganj District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-08-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sessions Case No. 48 of 2024 arising out of Narpatganj P.S. Case No. 539 of 2023 registered for the offence under Sections 302, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is the second wife of the husband of the deceased. After the death of the deceased, the F.I.R. has been filed making allegation of torture.

4. Learned counsel for the petitioner submits that the deceased was suffering from loose motion for which she was treated in a government facility two days before and she has died because of her illness. In the post-mortem report also, there

Patna High Court CR. MISC. No.59507 of 2024(2) dt.28-08-2024 2/2 is no external injury on the body of the deceased. Petitioner is in custody since 16.09.2023.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the fact that petitioner is a lady and also considering the period of custody, this application for regular bail is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-IV, Araria / concerned Court below in connection with Sessions Case No. 48 of 2024 arising out of Narpatganj P.S. Case No. 539 of 2023.

8. This application stands allowed.

(Sandeep Kumar, J) Shishir/- U T