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Patna High CourtCR. MISC./72682/2022allowed

Shanti Devi v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72682 of 2022 Arising Out of PS. Case No.-270 Year-2022 Thana- NARPATGANJ District- Araria ====================================================== Shanti Devi Wife Of Bishwanath Lal Deo @ Vishvanath Lal Dev R/O Vill.- Madhura South, Ward No. 04, P.S.- Narpatganj, Distt,.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, the daughter of the informant was married to namely, Rishikesh Lal Dev and after marriage she was being tortured for non-fulfillment of dowry demand. It is further alleged that on 12.06.2022, she got information that her daughter was put on fire by the petitioner along with co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is an old lady and mother-in-law of the victim due to which, she has falsely been implicated in this case and she has no concern

Patna High Court CR. MISC. No.72682 of 2022(2) dt.20-03-2023 2/2 mess and business with this victim and also lives seperately from the victim as well as her husband. The alleged occurrence is mere an accident and not a single eye-witness was present at that time. It is further submitted that husband of the victim coaccused namely, Rishikesh Lal Dev is already languishing in judicial custody, who has the main responsibility to keep her with proper dignity and honour. Petitioner has got no criminal antecedent Moreover, she is languishing in judicial custody since 26.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Narpatganj P.S. Case No. 270 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria. (Sunil Kumar Panwar, J) Manish/- U T