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Patna High CourtCR. MISC./73577/2022bail granted

Sarita Kumari @ Sangeeta Kumari @ Sarita Devi v. The State Of Bihar

2023-05-04Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73577 of 2022 Arising Out of PS. Case No.-28 Year-2021 Thana- DHAKA District- East Champaran ====================================================== Sarita Kumari @ Sangeeta Kumari @ Sarita Devi, D/o Ramchandra Raut, R/OoJamua, P.S.- Dkhaka, District- East Champaran. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Asif Kalim, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, if any, be removed within a period of four weeks from today. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Dhaka P.S. Case No. 28 of 2021 registered for the offence punishable under Sections 304(B), 120(B) of the Indian Penal Code.

The allegation against petitioner is to cause death of daughter of informant alongwith other co-accused persons/ family members due to non-fulfillment of demand of dowry as

Patna High Court CR. MISC. No.73577 of 2022(2) dt.04-05-2023 2/3 raised for cash of Rs. 2 lacs.

It is submitted by learned counsel appearing on behalf of the petitioner that petitioner implicated in this case only being sister-in-law of deceased. It is also submitted that thrust of allegation was available against the husband of the deceased, who already after trial acquitted through judgment dated 16.08.2022 as passed in Session Trial No. 184/2022 passed by learned A.D.J. XXII, East Champaran, Motihari, Bihar. While concluding arguments, it is submitted that petitioner is a lady of clean antecedent.

Learned APP, while opposing the prayer of bail submitted that petitioner is unmarried sister of husband of deceased.

Considering the aforesaid facts and circumstances, as petitioner is in-laws and a lady of clean antecedent, let above named petitioner, in the event of her arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana, District- East Champaran/concerned Court, where the case is pending in connection with Dhaka P.S. Case No. 28

Patna High Court CR. MISC. No.73577 of 2022(2) dt.04-05-2023 3/3 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T