Patna High CourtCR. MISC./87785/2024bail granted

Bijuliya Kumari v. The State Of Bihar

2024-12-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87785 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- KAJRAILI District- Bhagalpur ====================================================== Bijuliya Kumari D/O Bahadur Das @ Bahadur Harijan R/O VillageBishanrampur, P.S.- Kakraili, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kajraili P.S. Case No. 40 of 2024 instituted for the offences under Sections 302(B), 34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the Informant has committed suicide due to torture on account of non-fulfillment of dowry demand by her in-laws.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is the unmarried Nanad (sister of the husband of the deceased). There is no direct or specific allegation of any

Patna High Court CR. MISC. No.87785 of 2024(2) dt.20-12-2024 2/3 overt act against the petitioner rather the same is general and omnibus in nature. The petitioner resides separately to the deceased and her husband and, thus, there is no question of dowry demand and committing such type of offence. He further submits that the deceased has actually committed suicide which is also supported by the postmortem report since, as per postmortem report, the cause of death is due to asphyxia. The husband of the deceased is already in custody since 07.06.2024. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.06.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Jaimla Devi @ Jai Maliya Devi and Inder Das have been granted bail by this Court vide order dated 19.11.2024 passed in Cr. Misc. No. 65730 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.87785 of 2024(2) dt.20-12-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kajraili P.S. Case No. 40 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T