Ramrati Devi @ Dalghotani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8321 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- SAKURABAD District- Jehanabad ====================================================== RAMRATI DEVI @ DALGHOTANI DEVI Wife of Jitwahan Yadav Resident of Village - Gapochak, P.S.- Shakurabad, Distt - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Opposite Party/s :

Mr.Parmanand Kumar Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Mrs. Anita Kumari Singh, the learned APP appearing for the State.

The petitioner apprehends her arrest in connection with Shakurabad P.S. Case No. 215 of 2019 for the offence punishable under Sections 498(A), 304(B) and 34 of the Indian Penal Code .

The allegation is regarding the daughter of the informant being tortured physically and mentally by the

Patna High Court CR. MISC. No.8321 of 2020(3) dt.23-06-2020 2/3 accused persons including the petitioner herein, who happens to be the mother-in-law of the deceased victim lady and finally the accused persons are alleged to have administered poison and killed the deceased victim lady on account of non-fulfilment of demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case, is having a clean antecedent and she lives separately from her son and his deceased wife. It is further submitted that if at all any one has complicity in the matter, it might be the husband of the deceased victim lady, nonetheless it is submitted that the petitioner be granted the privilege of anticipatory bail, subject to production of surrender certificate of the husband of the deceased victim lady, namely, Lallu Kumar.

The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering the materials available on record as also in the case diary, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to her producing the surrender certificate in connection with the husband of the

Patna High Court CR. MISC. No.8321 of 2020(3) dt.23-06-2020 3/3 deceased victim lady within a period of two weeks from today as also upon such condition as may be deemed fit and proper to be imposed by the learned court of Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 215 of 2019.

It is made clear that in case the petitioner does not surrender before the learned court below and produce the surrender certificate of the husband of the deceased victim lady, within a period of two weeks from today, the present privilege of anticipatory bail being extended to the petitioner shall stand revoked automatically and the petitioner would be liable to be taken into custody.

The petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U T