Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5505 of 2020 Arising Out of PS. Case No.-316 Year-2019 Thana- DHAMDAHA District- Purnia ====================================================== Kavita Devi W/o Sunil Das @ Anil Das Resident of Village - Mogaliya, Purandaha, P.S.- Dhamdaha, Distt.- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Damdaha P.S. Case No. 316 of 2019 for the offence under sections 304(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it is alleged that this petitioner had illicit relation with the husband of the deceased and as such she has been made accused in this case. He submits that the petitioner is 55 years old and the distance of her house is one kilometer from the house of the deceased. She has no concern with the house of the deceased or her husband or the marital relation of husband and wife and as such she cannot be in any manner connected in the present case as she is not the family member of husband of the victim

Patna High Court CR. MISC. No.5505 of 2020(3) dt.30-06-2020 2/2 and as such dowry death case is not attracted against the petitioner.

Considering the aforesaid, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Dhamdaha P.S. Case No. 316 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.. (Anil Kumar Upadhyay, J) Ravi/- U T