Muraiya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7662 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- DHANARUA District- Patna ====================================================== MURAIYA DEVI W/o Bhagwan Ram Resident of Village - Nadwa, P.S.- Dhanarua, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Prashant Kumar, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-07-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.
The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.
Heard learned Counsel for the petitioner and the learned Counsel for the State.
Petitioner apprehends arrest in Dhanarua PS Case No. 230 of 2019 registered under Sections 304B, 120B and 34 of the IPC and Sections 3⁄4 of the Dowry Prohibition Act. As per prosecution case, informant's daughter was married with the petitioner's son in 2016. There is allegation that she was being tortured for demand of dowry and on 16.6.2019 he received information that his daughter has died due to burn injuries. The dead body of the daughter was found when the informant arrived at her in-law's house.
Learned Counsel for the petitioner submits that the petitioner is mother-in-law of the victim. She is an old lady suffering from various health ailments. The husband of the victim has surrendered on 29.6.2019 and is in custody. Father-in-law of the victim has been taken into custody on 16.6.2019, whereafter he has been allowed bail vide Cr. Misc. No. 80587 of 2019. There is no specific allegation against the petitioner and her implication is only
Patna High Court CR. MISC. No.7662 of 2020(2) dt.10-07-2020 2/2 by virtue of her relationship as mother-in-law. Learned APP for the State has opposed the prayer for anticipatory bail.
Having considered the rival submissions this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, let the petitioner above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Patna in Dhanarua PS Case No. 230 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SNkumar/- U T