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Patna High CourtCR. MISC./1028/2025bail granted

Buchiya Devi @ Puja Devi v. The State Of Bihar

2025-01-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1028 of 2025 Arising Out of PS. Case No.-40 Year-2024 Thana- KAJRAILI District- Bhagalpur ====================================================== Buchiya Devi @ Puja Devi Wife Of Indar Das Village- Bishanrampur,P.S.- Kakraili,District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Choubey Jawahar, learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in connection with Kajraili P.S. Case No. 40 of 2024 registered for the offences punishable under Sections 304(B) & 34 of the Indian Penal Code.

3.

Prosecution case in short is that daughter of the informant has been done to death at her matrimonial house due to non-fulfillment of the demand of dowry.

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.

Patna High Court CR. MISC. No.1028 of 2025(2) dt.17-01-2025 2/3 Petitioner is the sister-in-law of the deceased, whereas husband of the deceased is already in custody. There is general and omnibus allegation attributed to the petitioner. There is no specific allegation alleged against petitioner. It is submitted that petitioner is residing separately from the deceased and her husband. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No.3 of the bail application. It is lastly submitted that police after investigation has submitted charge sheet in this case. Other co-accused have been granted regular bail by this Court vide order dated 19-11-2024, passed in Cr. Misc. No. 65730 of 2024.

5.

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

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kajraili P.S. Case No. 40 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.1028 of 2025(2) dt.17-01-2025 3/3 under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T