Patna High CourtCR. MISC./74801/2023bail granted

Usha Devi v. The State Of Bihar

2024-02-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74801 of 2023 Arising Out of PS. Case No.-529 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Usha Devi Wife Of Kameshwar Singh Resident Of Village- Jagdeonagar (Gali No. 4) Ps- Ara Nawada Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Ara Nawada P.S Case No. 529 of 2023 registered for the offences punishable under Sections 302/34 and 3 / 4 D.P Act.

3. As per allegation in the FIR, the petitioner and the co-accused persons are alleged to have committed murder of the informant's daughter due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. The petitioner neither demanded any dowry nor tortured the informant's daughter. It is next

Patna High Court CR. MISC. No.74801 of 2023(3) dt.21-02-2024 2/2 submitted that the petitioner is mother-in-law of the deceased and he has no concern with the alleged offence. It is next submitted that co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 14.12.2023 passed in Cr. Misc. No. 75838 of 2023. It is also submitted that petitioner is in judicial custody since 25.07.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Bhojpur at Ara in connection with Ara Nawada P.S Case No. 529 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T