Sarda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55720 of 2022 Arising Out of PS. Case No.-9 Year-2021 Thana- ISHIPUR District- Bhagalpur ====================================================== SARDA DEVI Wife of Pradeep Tanti @ Bauki Tanti @ Basuki Tanti R/VPhutaha Chak, P.S-Ishipur, Barahat, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Ishipur Barahat P.S. Case No. 09 of 2021 registered for the offence under Sections 304(B), 34 of the Indian Penal Code. As per prosecution case, the informant alleged that the petitioner along with his family members used to torture and assault his daughter and due to non-fulfillment of dowry demand, her daughter was killed by them.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased due to which she has falsely been made accused in this case. The petitioner has no concern mess and business of the deceased as well as her

Patna High Court CR. MISC. No.55720 of 2022(2) dt.16-02-2023 2/2 husband and living separately from them. There is no specific allegation either demand of dowry or torturing has been made against this petitioner. It is further submitted that the husband of the deceased is already in judicial custody. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 24.1.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Ishipur Barahat P.S. Case No. 09 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

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