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Patna High CourtCR. MISC./85367/2023allowed

Lilawati Devi v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85367 of 2023 Arising Out of PS. Case No.-158 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== Lilawati Devi W/O Sumendra Singh R/O Village- Chakuwa, P.S- Kutumba, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 304(B),34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with her family members has tortured in various ways to the daughter of the informant and due to non-fulfillment of motorcycle as additional dowry demand and ultimately she was being killed by throttling.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the deceased and has been falsely implicated in this case. She has never demanded any thing from the deceased or her family

Patna High Court CR. MISC. No.85367 of 2023(2) dt.10-01-2024 2/2 members. The sole responsibility to take care of wife is upon husband and not against his other family members. Husband of the deceased is already in jail. Petitioner is a old lady of 62 years. She is residing separately with separate mess and business. Petitioner is languishing in judicial custody since 29.08.2023.

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 CJM, Aurangabad in connection with Kutumba P.S. Case No. 158 of 2020.

(Sunil Kumar Panwar, J) sushma/- U