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Patna High CourtCR. MISC./76661/2023allowed

Jibchhi Devi @ Jibchi Devi v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76661 of 2023 Arising Out of PS. Case No.-32 Year-2019 Thana- MANSURCHAK District- Begusarai ====================================================== JIBCHHI DEVI @ JIBCHI DEVI wife of Yaddu Paswan @ Jaddu Paswan Village- Hawaspur W.No-1, Ps- Mansoorchak Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304(B) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

3. The allegation against the petitioner along with others is of killing the sister of the informant, due to nonfulfillment of further dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. She has committed no offence. Petitioner is not named in the FIR and he happens to be Aunt (From agnates side) of the husband of the deceased. He submitted that the petitioner has no concern with mess and business of the

Patna High Court CR. MISC. No.76661 of 2023(2) dt.01-12-2023 2/2 deceased as well as her husband and also she lives separately from them. He further submitted that the husband of the deceased has already been acquitted by Judgment dt. 01.07.2021 passed in Sessions Trial No. 555 of 2019 passed by learned Additional Sessions Judge IVth, Begusarai. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 23.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Mansoorchak P.S. Case No. 32 of 2019.

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