Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64074 of 2023 Arising Out of PS. Case No.-467 Year-2018 Thana- NAUTAN District- West Champaran ====================================================== Sita Devi Wife Of Rajesh Sahani Resident Of Village - Jagdishpur, Malahi Tola, P.S. - Nautan (JAGDISHPUR), District - West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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 Section 304(B)/34 of the Indian Penal Code.
As per prosecution case, the informant alleged that the petitioner as well as other co-accused persons used to torture her sister due to non-fulfillment of dowry demand and ultimately on 08.09.2018, the informant came to know that her sister has been killed by the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is a lady and she is sister-in-law (Gotani) of the deceased due to which she has falsely been implicated in this
Patna High Court CR. MISC. No.64074 of 2023(2) dt.11-10-2023 2/3 case. She has no concern mess and business of the deceased or with her husband and lives separately from them. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of the deceased is in judicial custody. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 26.05.2022 and 26.04.2023 passed in Cr. Misc. No.8535 of 2022 and Cr. Misc. No.20802 of 2023 respectively. It is further submitted that the petitioner is languishing in judicial custody since 19.07.2023.
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 as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sessions Trial No. 471 of 2023 arising out of Nautan (Jagdishpur) P.S. Case No. 467 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.64074 of 2023(2) dt.11-10-2023 3/3 satisfaction of learned 3rd Additional District and Sessions Judge, Bettiah, West Champaran.
(Sunil Kumar Panwar, J) lata/- U T