Patna High CourtCR. MISC./60577/2022disposed

Kamala Devi v. The State Of Bihar

2023-01-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60577 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== KAMALA DEVI W/o Late Kamdeo Bagat R/v- Utarama, P.S.- Khizarsarai, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav,Adv.

For the Opposite Party/s :

Mr.Mohammed Arif,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Khizarsarai P.S. Case No.13 of 2022, registered for the offences punishable under Sections 304(B), 498A of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein, who is the mother-in-law of the deceased victim lady to have killed the deceased victim lady on account of nonfulfillment of demand for dowry. It is also alleged that the deceased victim lady was assaulted badly, resulting in her death.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has

Patna High Court CR. MISC. No.60577 of 2022(2) dt.23-01-2023 2/2 been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 20.04.2022. The learned counsel for the petitioner has further submitted that the petitioner be directed to be released on bail subject to the husband of the deceased victim lady i.e. son of the petitioner surrendering before the learned court below.

It is directed, accordingly.

It is further directed that in case, the husband of the deceased victim lady, i.e. son of the petitioner, who is the main accused of the present case, surrenders before the court of learned A.C.J.M.- IV, Gaya in connection with Khizarsarai P.S. Case No.13 of 2022, the petitioner shall be released on bail subject to such conditions as may be deemed fit and proper to be imposed upon the petitioner by the learned court below.

The present petition stands disposed off with the aforesaid observations and directions. (Mohit Kumar Shah, J) kanchan/SonalU T