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Patna High CourtCR. MISC./60197/2023allowed

Soshila Devi v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60197 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- RAUTA District- Purnia ====================================================== SOSHILA DEVI W/O SHIV LAL YADAV R/O VILLAGE- MANGALPUR, P.S- RAUTTA, DISTT.- PURNEA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. 3.

As per the prosecution case, daughter of the informant has been killed by F.I.R. named accused persons including the petitioner due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. She has never made any dowry demand and was living separately from the deceased. It is

Patna High Court CR. MISC. No.60197 of 2023(2) dt.13-10-2023 2/2 further submitted that petitioner is the mother-in-law of the deceased and the husband and the father-in-law of the deceased are already in judicial custody. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the husband and the father-in-law of the deceased are already in custody, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rauta P.S. Case No.63 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T