Patna High CourtCR. MISC./7493/2023allowed

Malwa Devi v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7493 of 2023 Arising Out of PS. Case No.-126 Year-2021 Thana- CHAKAI District- Jamui ====================================================== MALWA DEVI Wife of Shiv Narayan Mahato R/v- Sone, P.S.- Chakai, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binodanand Mishra, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP For the Informant :

Mr. Akash Raj with Mr. Arun Bharti, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, informant 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) and 120B of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the daughter 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. She has committed no offence. Petitioner is the mother-in-law of the deceased. He submitted that the petitioner has no concern with mess and business of the deceased as well as her husband. The

Patna High Court CR. MISC. No.7493 of 2023(3) dt.01-08-2023 2/2 husband of the deceased is languishing in judicial custody. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 03.09.2022.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 below in connection with Chakai P.S. Case No. 126 of 2021.

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