Kaushnauta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75397 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== KAUSHNAUTA DEVI Wife of Late Antu Ram Resident of Village- Masarhi, P.S.- Ramgarh, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Kumar Dr. Mrityunjaya Kr. Gautam Mr. Ram Naresh Ray For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with S.Tr. No. 353 of 2022, arising out of Ramgarh P.S. Case No. 117 of 2022, registered for offence punishable under section 304(B)/34 of the Indian Penal Code.

As per allegation, the marriage of the daughter of the informant was solemnized with co-accused Vikash Ram five years prior to lodging of the FIR. The accused persons subjected her to cruelty for non-fulfillment of demand of dowry. They threatened her to kill. On 12.04.2022 some altercation took place between the husband and wife and the matrimonial inmates committed her murder by burning her alive. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.75397 of 2022(3) dt.03-04-2023 2/2 that the petitioner is mother-in-law of the deceased. She resides separately with her husband. She has no concern with day to day affairs of the couple and she is under custody since 14.04.2022. He has submitted further that the charges have been framed and the trial is going on.

On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner along with other accused persons had burnt alive the deceased for non-fulfillment of dowry demand. Even the independent witnesses in the case diary have supported the occurrence and involvement of the petitioner in the alleged occurrence.

It appears that the charges have been framed and the trial is going on. It is expected that the trial should be concluded within a period of six months. If the trial is not concluded within six months, the learned court below shall consider the bail application of the petitioner.

With these observations, this criminal miscellaneous petition is disposed of.

(Nawneet Kumar Pandey, J) Mahesh/- U T