Kanti Devi @ Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10793 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== KANTI DEVI @ SHANTI DEVI W/O Jadolal Sah R/O Village- Rasulpur, Gopiganj, P.S- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner along with other family members killed the daughter of the informant on account of non-fulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is mother-in-law of the deceased. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.10793 of 2023(4) dt.26-06-2023 2/2 omnibus in nature. The deceased and her husband were suffering from AIDS, due to which she committed suicide. It is further submitted that the similarly situated co-accused, namely, Munna Kumar Sah, who is husband of the deceased, has been enlarged on bail by this court vide order dated 22.06.2023 passed in Cr. Misc. No. 14722 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sahebganj P.S. Case No. 274 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T