Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67140 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Shanti Devi Wife Of Prabhu Sharma R/V- Khadda, Bangla Tola, P.S- Nautan, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nautan P.S. Case No. 40 of 2022 registered under sections 304(B), 302 and 34 of the Indian Penal Code.

It is a case of dowry death of informant's grand daughter due to non fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the mother-in-law of the deceased due to which she has falsely been implicated in this case. She has no concern with mess and business of the deceased as well as her husband and lives separately from them. It is further submitted that the

Patna High Court CR. MISC. No.67140 of 2022(2) dt.21-03-2023 2/2 husband of the petitioner is already languishing in judicial custody. The petitioner has never demanded dowry as alleged from the deceased and the same is clear from compromise petition filed by informant which is annexed as Annexure-2 of this petition. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and she is languishing in judicial custody since 22.07.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nautan P.S. Case No. 40 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 Chief Judicial Magistrate, Bettiah, West Champaran.

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