Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67556 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- GURUA District- Gaya ====================================================== Indu Devi, W/o Dipu Prasad, R/O Village- Baiju Bigha, P.S.- Gurua, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Kumar, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-11-2023 Heard Mr. Rahul Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Gurua P.S. Case No. 99 of 2023 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.
3. The marriage of the daughter of the informant was solemnized in the year 2020. However, soon after the marriage, she was subjected to torture and later on the informant came to know that his daughter was done to death by all the family members of her husband, by strangulating her.
4. It is submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.67556 of 2023(2) dt.01-11-2023 2/3 petitioner is sister-in-law (Gotani) of the deceased and there is no specific allegation against her. That apart, the information with regard to the occurrence has been given by one Geeta Devi, wife of Mantu Yadav, but the police has not even recorded her statement. Moreover, the husband of the deceased has been granted default bail under Section 167(2) of the Cr.P.C. from the learned court below.
5. On the other hand, learned APP for the State opposes the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the relationship of the petitioner with the deceased, nature of allegation and the fact that the husband of the deceased has already been allowed default bail, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released 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 Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No.99 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further condition that one of the bailors shall be the
Patna High Court CR. MISC. No.67556 of 2023(2) dt.01-11-2023 3/3 own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T