Pano Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84153 of 2023 Arising Out of PS. Case No.-187 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== PANO DEVI WIFE OF RAM BRIKSHA RAY R/O VILLAGEMAHINATHPUR, P.S.- BASOPATTI, DIST.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 302, 304B/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her son has tortured in various ways to the sister of the informant due to non-fulfillment of dowry demand and ultimately she was being killed by them.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She is mother-in-law of the deceased and she has been falsely implicated in this case merely on suspicion. Informant is not the eye witness of the alleged occurrence. The petitioner had

Patna High Court CR. MISC. No.84153 of 2023(2) dt.05-01-2024 2/2 never demanded any thing from the deceased. 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. Husband of the deceased is in judicial custody. Section 304 B is not made out against the petitioner because marriage of the deceased was solemnized with petitioner's son before 13 years ago. Petitioner has got not criminal antecedent. She is an old lady and languishing in judicial custody since 19.08.2023. 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 A.C.J.M.-V, Madhubani in connection with Basopatti P.S. Case No. 187 of 2023.

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