Kamlawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61594 of 2022 Arising Out of PS. Case No.-1 Year-2019 Thana- JANTA BAZAR District- Saran ====================================================== KAMLAWATI DEVI W/O Manoj @Manoj Yadav R/O Village- Harpur Kothi, P.S- Janta Bazar, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 34 of the Indian Penal Code.

As per prosecution case, it is alleged by the informant that the petitioner along with co-accused persons used to torture the informant's sister due to non-fulfillment of dowry demand and thereafter they killed his sister by pouring kerosine oil over the deceased body.

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 implicated in this case. A statement has been made in para-3 of the petition that the petitioner has got no criminal

Patna High Court CR. MISC. No.61594 of 2022(2) dt.08-02-2023 2/2 antecedent. Petitioner has never demanded dowry or tortured the informant's sister and the husband of the petitioner is fully responsible to keep his wife with dignity and honour. It is further submitted that the husband of the deceased namely, Sandip Yadav has been granted regular bail by the Learned Court below itself on 24.1.2020 under the provision of section 167 of Cr.P.C. Further, the petitioner is languishing in judicial custody since 5.7.2022.

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 Janta Bazar P.S. Case No. 01 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra.

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