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Patna High CourtCR. MISC./72585/2023allowed

Asha Devi v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72585 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== 1.

ASHA DEVI W/O LATE SHYAM SINGH RESIDENT OF VILLAGEBHOONA LAGMA, P.S.- SANGRAMPUR (T.O.P. TETIYA BAMBAR), DISTRICT- MUNGER.

2.

POONAM DEVI W/O KUNDAN KUMAR SINGH RESIDENT OF VILLAGE- BHOONA LAGMA, P.S.- SANGRAMPUR (T.O.P. TETIYA BAMBAR), DISTRICT- MUNGER.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakritita Sharma For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case registered for the offence punishable under sections 304B and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with her family members has tortured in various ways to the sister of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them .

Learned counsel appearing on behalf of the petitioners has submitted that petitioner no. 1 is mother-in-law who is more than 65 years of age and petitioner no. 2 is the wife of

Patna High Court CR. MISC. No.72585 of 2023(2) dt.29-11-2023 2/2 elder brother of the husband of the deceased and both were falsely implicated in this case. They had never demanded any thing from the deceased or her family members. The sole responsibility to take care of wife is upon husband and not against his family members. Husband has already been made accused in this case. Petitioners have no criminal antecedent and languishing in judicial custody since 14.08.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Munger in connection with Sangrampur P.S. Case No. 242 of 2023. (Sunil Kumar Panwar, J) lata/- U T