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Patna High CourtCR. MISC./2417/2017rejected

Bulbul Devi v. The State Of Bihar

2017-03-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2417 of 2017 Arising Out of PS.Case No. -12 Year- 2007 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Bulbul Devi, Wife of Gole Mahton, Resident of Village- Gare Suryapura (Patti), P.S.- Bhagwanpur, District- Begusarai. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Sandip Kumar Gautam, Advocate. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 17-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Bhagwanpur P.S. Case No.12 of 2007 registered under Sections 328 and 304(B) of the Indian Penal Code, pending in the court of Sri Santosh Kumar, Judicial Magistrate, First Class, Begusarai. The accusation is of killing the deceased, the daughter of the informant, by her husband and other in-laws for non fulfillment of the dowry demand.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the mother-in-law of the deceased, the daughter of the informant, and has falsely been implicated in

Patna High Court Cr.Misc. No.2417 of 2017 (4) dt.17-03-2017 2/2 this case. Moreover, the husband of the deceased, the daughter of the informant, has already been acquitted on trial vide Judgment dated 25.08.2008 passed in Sessions Trial No.491 of 2007 by the court of the Additional Sessions Judge, Fast Track Court-IV, Begusarai.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T