Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77882 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- TARIYANI CHAPRA PS District- Sheohar ====================================================== Kiran Devi W/O Sri Dharmendra Rai Resident of At Village- Kumhrar, Ps. Tariyani Chapra, Dist. Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tariyani Chhapra P.S. case No. 07 of 2023 instituted for the offences under Sections 304B, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, the FIR has been lodged against 9 named and 5-6 unknown accused person including the petitioner with an allegation of killing the daughter of the informant for non-fulfillment of demand of dowry by them.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.77882 of 2023(2) dt.05-12-2023 2/3 the petitioner is in custody since 05.08.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that there is no specific allegation, rather general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that the petitioner is lady and has committed no offence. Petitioner is the gotani of the deceased. The husband of the deceased is already in custody. Similarly situated coaccused person, Dharmendra Rai who is the husband of this petitioner, has already been granted bail by the co-ordinate Bench of this Court vide order dated 17.10.2023 passed in Cr. Misc. No. 67225 of 2023.

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

6. Considering the aforesaid facts and circumstances of the case and the fact that petitioner is lady as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Tariyani Chhapra

Patna High Court CR. MISC. No.77882 of 2023(2) dt.05-12-2023 3/3 P.S. case No. 07 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T