Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59237 of 2022 Arising Out of PS. Case No.-431 Year-2014 Thana- BARH District- Patna ====================================================== RITA DEVI W/O Dilip Thathera R/O Vill- Nathchak, P.S- Barh, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barh P.S. Case No. 431 of 2014 registered for the offences under Sections 304(B)/34 of the I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 19.07.2022.

The allegation against the petitioner is to cause death of her daughter-in-law/daughter of informant along with other co-accused persons/family members due to non-fulfillment of demand of dowry, as raised for unexplained amount. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.59237 of 2022(3) dt.20-02-2023 2/3 submitted that the thrust of allegation is available against the husband of deceased, whereas the allegation against the petitioner is very much general and omnibus. It is further submitted that petitioner implicated in this case only being reason that she is mother-in-law of the deceased, whereas she is living separately with deceased and her husband and having no connection with their daily and domestic affairs. It is also pointed out that from the statement of the witnesses, which were recorded, during the course of investigation under Section 161 of the Cr.P.C., is sufficient to suggest that the death was caused due to suicide. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is in-laws (mother-in-law), living separately, having no connection with daily and domestic affairs with deceased, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barh P.S. Case No. 431 of 2014 on furnishing bail bond of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.59237 of 2022(3) dt.20-02-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Barh at Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T