Kamlawati Devi @ Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75945 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Kamlawati Devi @ Kalawati Devi Wife of Lalan Ram Village- Pathkhauli, P.S.- Bagaha Pathkhauli, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pathkhauli P.S. Case No. 88 of 2024 instituted for the offence under Sections 304(B), 506 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that daughter of the informant was done to death at her matrimonial house by her inlaws due to none fulfillment of the demand for dowry. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-07-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.75945 of 2024(2) dt.23-10-2024 2/2 case. Petitioner is sister-in-law of the deceased. It is submitted that husband is already in custody. There is general and omnibus allegation levelled against the petitioner. Petitioner is separate in mess and property from the deceased and her husband. It is submitted that during course of investigation, none of the independent witnesses have supported the prosecution case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the 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 Court below/concerned Court in connection with Pathkhauli P.S. Case No. 88 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T