Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86570 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== Basanti Devi Wife of Late Lalhand Chaudhari @ Late Lalchand Yadav R/o vill-Kaparpura PS-Uchakagaon Dist-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 304(B), 34 of the Indian Penal Code, Sections 3 and 4 of the D.P. Act. As per prosecution case, it is a case of dowry death due to non-fulfillment of dowry demand.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is mother-in-law of the deceased due to which she has falsely been implicated in the present case. The petitioner has no concern mess and business of the deceased as well as her husband and was living separately from them. There is no specific allegation against the petitioner and there is no eye-

Patna High Court CR. MISC. No.86570 of 2023(12) dt.12-01-2024 2/2 witness of the alleged occurrence. It is further submitted that the husband of the deceased is already been judicial custody. The petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 26.09.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Uchakagaon P.S. Case No. 35 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj.

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