Lalsa Devi @ Sushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6533 of 2023 Arising Out of PS. Case No.-388 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== Lalsa Devi @ Sushila Devi Wife Of Bindeshwar Baitha R/O Village- Turki, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 09-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Minapur P. S. Case No. 388 of 2021 registered for the offence under Sections 304-B, 201/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 28.09.2022.
The allegation against the petitioner is to cause death of daughter of informant, along with other co-accused persons/family members, where demand of dowry not appears from the narration of the FIR.
Patna High Court CR. MISC. No.6533 of 2023(2) dt.09-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the narration of FIR is not suggesting any demand as ever raised by this petitioner or even by any of her family members/relatives. It is submitted that petitioner was implicated with present case only being mother of husband of the deceased, where she living separately, having no connection with daily and domestic affairs with deceased and her husband. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.
In view of the facts and circumstances as mentioned above, as petitioner appears to implicate in the present case being mother-in-law, where not even demand of dowry appears to be raised through FIR, where petitioner is in custody since 28.09.2022 coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Minapur P. S. Case No. 388 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.6533 of 2023(2) dt.09-05-2023 3/3 Muzaffarpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T