Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57830 of 2022 Arising Out of PS. Case No.-249 Year-2012 Thana- BHAGWANPUR District- Vaishali ====================================================== Asha Devi Wife Of Kameshwar Chaudhary, Daughter Of Late Kishori Chaudhary R/O Village- Asoi Turki, P.S.- Bhagwanpur, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bhagwanpur P.S. Case No. 249 of 2012 registered under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., petitioner along with other family members used to torture the daughter of the informant by various ways and ultimately in the absence of her husband, she killed her in connivance with other family members and with a view to wipe off the evidence, they threw her body. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case due to dirty politics and

Patna High Court CR. MISC. No.57830 of 2022(4) dt.14-03-2023 2/2 family disputes. It is further submitted that petitioner has no concern with mess and business of the deceased as well as her husband and also she lived separately from them in her matrimonial home. There is no prior complaint against the petitioner in respect of torture, harassment and misbehave with the deceased. She has no concern with the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. She is languishing in judicial custody since 29.07.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwanpur P.S. Case No. 249 of 2012 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T