Lalita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66400 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== Lalita Devi, Wife of Rajo Mukhiya, Resident of Village- Saroni Kala Ward No.- 09, PS- Udakishungaj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihariganj P.S. Case no. 232 of 2022, registered under sections 304B and 201 of the Indian Penal Code.

3. As per the prosecution case, the daughter of the informant was married to the son of the petitioner. It is stated that the informant's daughter was tortured for non-fulfillment of demand of dowry which was by way of a motorcycle and Rs.1 lac in cash. The informant states that his daughter was done to death and the body disposed of.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only on account of her being the mother-in-law of the deceased. The allegations besides being false and concocted are general and

Patna High Court CR. MISC. No.66400 of 2023(2) dt.16-10-2023 2/2 omnibus in nature. She has no criminal antecedent and is in custody since 27.5.2023. Charge-sheet has been submitted in the case. The co-accused, husband of this petitioner namely Rajo Mukhiya ie the father-in-law of the deceased, has been enlarged on anticipatory bail vide order dated 14.7.2023 passed in Cr. Misc.25052 of 2023.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having remained in custody for more than 4 months since 27.5.2023, charge-sheet having been submitted in the case and grant of anticipatory bail to the co-accused ie the husband of the petitioner, the petitioner is directed to be enlarged on bail in connection with Bihariganj P.S. Case no. 232 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura.

(Partha Sarthy, J) avinash/- U T