Mussmat Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5108 of 2022 Arising Out of PS. Case No.-266 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== 1.

MUSSMAT KANTI DEVI W/o Late Ramchandra Ram Resident of Village - Harichhapra, P.S.- Dumra, Distt.- Sitamarhi.

2.

Himanshu Nikhil Son of Late Ramchandra Ram Resident of Village - Harichhapra, P.S.- Dumra, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 After some arguments, learned counsel for the petitioner seeks permission to withdraw this application against petitioner no. 2.

Permission is accorded.

This application is dismissed as withdrawn against petitioner no. 2.

So far as petitioner no. 1 is concerned, the instant application for anticipatory bail has been filed by her apprehending her arrest in connection with Dumra P.S. Case no. 266 of 2021 instituted for the offence under Sections 304(B), 328 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her

Patna High Court CR. MISC. No.5108 of 2022(2) dt.15-06-2022 2/3 family members has tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the deceased and have been falsely implicated in this case. She has never demanded any thing from the deceased. She has no concern with the daily activity of the deceased and her husband and is living separately. The sole responsibility to take care of wife is upon husband of the and not against his family members. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 1 on bail. The petitioner no. 1 is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Dumra P.S. Case no. 266 of 2021, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VII, Sitamarhi subject to the conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.5108 of 2022(2) dt.15-06-2022 3/3 the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U