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Patna High CourtCR. MISC./12030/2023allowed

Yashoda Devi v. The State Of Bihar

2023-06-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12030 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Yashoda Devi Wife Of Bipin Choudhary R/V- Mathura Pur (Mauniyachak), P.S.- Parbatta (Bharat Khand) Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murlidhar Mishra For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per FIR, petitioner along with other accused persons have killed the deceased victim lady on account of nonfulfillment of demand for dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that the petitioner is the mother-in-law of the deceased and the husband of the deceased is already in judicial custody. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that

Patna High Court CR. MISC. No.12030 of 2023(3) dt.20-06-2023 2/2 similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 7771 of 2023. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Parbatta (Bharat Khand) P.S. Case No. 270 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T