Hema Devi @ Nibha Devi @ Nisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80655 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- SIMRI District- Darbhanga ====================================================== Hema Devi @ Nibha Devi @ Nisha Devi Wife Of Dukk Haran Das R/O Village- Basatwara Dih Tola, P.S.- Simri, Dist.- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her family members has tortured in various ways to the daughter of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them by strangulation. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is Sister-in-law (Gotini) of the deceased and has been falsely implicated in this case only on the basis of suspicion. There is no eye witness of the alleged occurrence. No any specific allegation has been levelled against

Patna High Court CR. MISC. No.80655 of 2023(2) dt.14-12-2023 2/2 her. She had never demanded any thing from the deceased. She is living separately and she has no concern with the mess and business of the deceased and her husband. The sole responsibility to take care of wife is upon husband and not against his family members. Petitioner has got no criminal antecedent and languishing in judicial custody since 09.08.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 C.J.M., Darbhanga in connection with Simri P.S. Case No.162 of 2023. (Sunil Kumar Panwar, J) lata/- U T