Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61341 of 2022 Arising Out of PS. Case No.-154 Year-2020 Thana- BARHAT District- Jamui ====================================================== MEENA DEVI W/O Late Suresh Yadav R/O Village- Bharkahuwa, P.SBarhat, District- Jamui ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with S.T. No. 299 of 2022, arising out of Barhat P.S. Case No. 154 of 2020, registered for the offence punishable under Sections 498A, 304B and 34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein, who is stated to be the mother-in-law of the deceased victim lady, to have killed the deceased victim lady on account of non-fulfillment of the demand for dowry.

Patna High Court CR. MISC. No.61341 of 2022(2) dt.30-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, she is having a clean antecedent and she is languishing in custody since 15.09.2021. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against all the accused persons and as far as the husband of the deceased victim lady is concerned, he is in custody, as is apparent from the impugned order dated 14.9.2022, hence, no prejudice would be caused to the prosecution, in case the petitioner is granted bail. It is further submitted that charges were framed as long back as on 25.7.2022 and out of 11 witnesses, only one witness has been examined, hence, there is no chance of completion of the trial in near future. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.61341 of 2022(2) dt.30-01-2023 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled against the petitioner, who is the mother-in-law of the deceased victim lady, apart from the fact that the husband of the deceased victim lady is already in custody, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge2nd, Jamui in connection with S.T. No. 299 of 2022 arising out of Barhat P.S. Case No. 154 of 2020. (Mohit Kumar Shah, J) Ajay/- U T