Maina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8536 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Maina Devi W/o Amawash Ram Resident of Village - Khushiyal Chhapar, Bhediya Tola, P.S.- Mirganj, Distt.- Gopalganj. 2.

Karishma Kumari D/o Amawash Ram Resident of Village - Khushiyal Chhapar, Bhediya Tola, P.S.- Mirganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Vyas Kumar Mishra, Advocate For the Opposite Party :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-04-2022 Heard the parties.

The petitioners apprehend their arrest in connection with Mirganj P.S. Case No. 182 of 2021 registered for the offences under Sections 304(b)/34 of the Indian Penal Code. The marriage of the deceased was solemnized on 23rd of June, 2019.

As per the prosecution case, she has been killed for demand of dowry but in defence it is submitted that she died in accidental fire and she was treated in her Sasural and thereafter because of mala fide intention, first information report was lodged by the family of the deceased.

From the FIR it is clear that that the allegations have been levelled against the husband of the deceased and her in-

Patna High Court CR. MISC. No.8536 of 2022(3) dt.12-04-2022 2/2 laws.

So far as petitioner no.1, namely, Maina Devi is concerned, considering the fact that she is the mother-in-law of the deceased and there is allegation of demand of dowry and torture, her application for anticipatory bail is dismissed. So far as petitioner no.2, namely, Karishma Kumari is concerned, considering the fact that she is a junior family member of the deceased and she is the sister-in-law of the deceased (Nanad), her application for anticipatory bail is allowed.

Accordingly, let petitioner no.2, namely, Karishma Kumari, in the event of her arrest or surrender within four weeks from today, be released 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 Additional Chief Judicial Magistrate-XVI, Gopalganj in connection with Mirganj P.S. Case No. 182 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T