Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86108 of 2023 Arising Out of PS. Case No.-578 Year-2022 Thana- BANIAPUR District- Saran ====================================================== Tara Devi Wife of Heman Sah, Resident of Village Sihoria, Berui, P.S. Baniapur, District Saran at Chhapra ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sanjay Shah Late Uma Shah, Resident of Village Musehri, P.S. Chhapra Muffasil, District Saran at Chhapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Baniapur P.S. Case No.578 of 2022, registered for the offences punishable under Sections 498(A), 304(B), 201/34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act.

3. As per the prosecution case, the allegation against the petitioner is that she alongwith other co-accused persons committed dowry death to the daughter of informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is mother-in-law of the deceased against whom there is no specific allegation. He also submits that petitioner has never demanded any type of dowry

Patna High Court CR. MISC. No.86108 of 2023(2) dt.16-01-2024 2/2 from the victim. Learned counsel submits that victim fell ill during her stay in Delhi due to her pregnancy and was admitted to Safdurjung Hospital, New Delhi for treatment and the family members of the victim when informed visited there, however, she died during the treatment on 13.02.2022 and the petitioner also participated in the funeral but due to wrong information, the complainant/ informant filed the present case and the informant also filed a petition to this effect in the Court concerned. He further submits that petitioner is a woman who has no criminal antecedent and she is in custody since 01.07.2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chhapra in connection with Baniapur P.S. Case No.578 of 2022. (Sunil Dutta Mishra, J) Ritik/- U T