Bhuliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58842 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- NIRMALI District- Supaul ====================================================== Bhuliya Devi Wife Of Rajendra Mandal R/V- Hariyahi, Ward No. 8, P.SNirmali, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sameer For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 a case registered for the offences punishable under Sections 498(A), 302/34 of the Indian Penal Code but Section 302 of I.P.C. is changed into 304(B)/34 of the I.P.C.

As per the allegation in F.I.R., the daughter of informant was married to the son of the petitioner and she was tortured by the co-accused persons including the petitioner. Ultimately she was done to death. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.58842 of 2022(2) dt.02-02-2023 2/3 petitioner that the petitioner is innocent and she has falsely been implicated in the present case. It is also submitted that petitioner being the mother-in-law of the deceased lived separately and she has no concern with the mess and business of the deceased and her husband. The petitioner is languishing in judicial custody since 23.02.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated co-accused person has been granted Bail vide order dated 13.04.2022 passed in Cr. Misc. No. 50670 of 2021 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection

Patna High Court CR. MISC. No.58842 of 2022(2) dt.02-02-2023 3/3 with Nirmali P.S. Case No. 22 of 2021 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 A.C.J.M. 1, Birpur, Supaul.

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