Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70335 of 2021 Arising Out of PS. Case No.-350 Year-2020 Thana- PIPRA District- East Champaran ====================================================== KALAWATI DEVI Wife of Suraj Prasad Resident of Village - Madhubanighat, P.S.- Muffasil, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that her daughter who was issueless took a child from the hospital and started looking after him. It is stated that as a result of the same, the accused persons including the petitioner started to torture the informant's daughter and ultimately she was done to death.

It is submitted by learned counsel for the petitioner that the petitioner happens to be the married nanad (husband's sister) of the deceased and has been falsely implicated in the case. Admittedly the informant is not an eye witness to the

Patna High Court CR. MISC. No.70335 of 2021(2) dt.06-06-2022 2/2 occurrence. The allegations of torture etc. are general and omnibus in nature. The petitioner is in custody since 9.9.2021 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner who happens to be the married sister-inlaw of the deceased together with the petitioner having remained in custody for about 9 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Pipra P.S. Case no.350 of 2020 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 Chief Judicial Magistrate, Motihari, East Champaran.

(Partha Sarthy, J) Saurabh/- U T