Dhanpati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79791 of 2023 Arising Out of PS. Case No.-287 Year-2014 Thana- MADHAURAH District- Saran ====================================================== Dhanpati Devi Wife Of Bali Ram Resident Of Village- Marhaurah Khash, P.S.- Marhaurah, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anjani Parashar For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304B and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they committed murder of the informant's daughter due to non-fulfillment of dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is mother-in-law of the deceased due to which she has falsely been implicated in this case. Nothing specific allegation has been levelled against the petitioner. It is further submitted from para-6 of this petition that the husband of the deceased was

Patna High Court CR. MISC. No.79791 of 2023(2) dt.13-12-2023 2/2 arrested and thereafter he faced trial vide Sessions Trial No. 731 of 2018 and in the said trial, the husband of the deceased was acquitted from this case. The witnesses have not supported the prosecution case and they said that the deceased was suffering from some ailments and due to which she died. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 06.08.2023.

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

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 Marhaurah P.S. Case No. 287 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IX, Saran at Chapra.

(Sunil Kumar Panwar, J) Shubham/- U T