Sunaina Kuwar @ Sunaina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71555 of 2022 Arising Out of PS. Case No.-251 Year-2022 Thana- ROHTAS District- Rohtas ====================================================== Sunaina Kuwar @ Sunaina Devi Wife Of Late Nand Kishor Ram R/VBasdiha, Ps- Amjhor, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Naveen Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Rohtas (Amjhor) P.S. Case No.251 of 2022 registered for the offences punishable under Section 304-B/34 of the Indian Penal Code. The allegation against the petitioner is to cause death of the daughter of informant, alongwith other co-accused persons/family members, due to non-fulfillment of demand of dowry as raised for one motorcycle.
Patna High Court CR. MISC. No.71555 of 2022(2) dt.02-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law aged about 66 years and she is living separately with deceased and her husband much prior to this occurrence. It is also pointed out the petitioner having no control over daily and domestic affairs of deceased and her husband and implication appears only being mother-in-law. While concluding the argument it is submitted that thrust of allegation is available against husband of deceased, who is in judicial custody and moreover petitioner is a lady of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above and by taking note of the fact that petitioner is mother-inlaw, lady of clean antecedent accordingly, the petitioner above named, in the event of her arrest or surrender before the Court below within a period of four weeks, be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sub-Divisional Judicial Magistrate, Dehari, Rohtas/concerned Court below where the case is pending in connection with Rohtas (Amjhor) P.S. Case No.251
Patna High Court CR. MISC. No.71555 of 2022(2) dt.02-05-2023 3/3 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T