Gayatri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2264 of 2019 Arising Out of PS. Case No.-128 Year-2018 Thana- ATRI District- Gaya ====================================================== Gayatri Devi(F) aged 45 years, Wife of Late Munna Yadav, Resident of Village-Mallah Chak, P.S. Atri in the District Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 304(B) and 201 of the Indian Penal Code.

The prosecution case as per the written report of Sundri Devi submitted to S.H.O., Atri Police Station dated 11.05.2018 is to the effect that the informant's daughter, Pinku Devi was married with Dharmendra Kumar in the year 2012, for few years, the daughter of the informant was kept with dignity and honour. But one year prior to the lodging of the FIR, further dowry demand of a motorcycle was made and due to non-

Patna High Court Cr.Misc. No.2264 of 2019(2) dt.05-02-2019 2/3 fulfillment of the same, life threat was given to the daughter of the informant. On 10.05.2018, the husband of the victim informed the informant through a call that the daughter of the informant has died, due to snake bite and dead body has been disposed of.

It is submitted by learned counsel for the petitioner that the petitioner is the wife of the cousin of the husband of the victim and she has no connection with the family as she use to reside separately. There is no specific accusation in the entire FIR against the petitioner and the thrust of accusation is against the husband of the victim, Dharmendra Kumar. It is further submitted that similarly situated co-accused Janaki Yadav has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 26.10.2018 passed in Cr. Misc. No. 62514 of 2018.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that thrust of accusation is against the husband of the victim and there being no specific accusation against the petitioner in the FIR and petitioner being a lady, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the

Patna High Court Cr.Misc. No.2264 of 2019(2) dt.05-02-2019 3/3 learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-Vth, Gaya in connection with Atri P.S. Case No. 128 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T