Dharmshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72471 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== DHARMSHILA DEVI W/o- JAI CHAND YADAV, Resident of VillageBarah PS- Harnaut (Kalyanbigha) District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the State :

Mr. Umanath Mishra, APP For the Informant : Mr. Anil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Harnaut (Kalyanbigha) P.S. Case no.203 of 2023 registered under sections 304B and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his niece was married to the son of the petitioner herein. The accused persons including the petitioner, who happens to be the mother-in-law, tortured the niece of the informant for nonfulfillment of demand of dowry to the tune of Rs.2 lacs and she was ultimately done to death.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for the reason 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.72471 of 2023(2) dt.09-11-2023 2/2 omnibus in nature. The petitioner is in custody since 22.4.2023 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner, who happens to be the mother-in-law of the deceased, is named in the F.I.R. but there is allegation against her of having tortured the deceased and along with the accused persons having murdered her.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. being general and omnibus in nature, the petitioner who happens to be the mother-in-law of the deceased having remained in custody for more than 6 months since 22.4.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Harnaut (Kalyanbigha) P.S. Case no.203 of 2023 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, Nalanda at Biharsharif.

(Partha Sarthy, J) Saurabh/- U T