Dewanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8249 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- SRINAGAR District- West Champaran ====================================================== DEWANTI DEVI W/o Heera Paswan Resident of Village-Bagahi, P.SShrinagar Pujaha, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Srinagar Pujaha PS Case No. 43 of 2019 registered under Sections 304B/120B/34 IPC. The FIR has been lodged by father of the victim. As per prosecution case the neighbours of the in-laws of his daughter have informed him that his daughter has been done to death by the family of her in-laws. The petitioner being mother-in-law has therefore been made an accused in this case. The prosecution story however reveals specific allegation only in respect of the victim's husband and fatherin-law (husband of the petitioner). Victim's husband, as per submission of petitioner's counsel is already in custody. It is submitted that it is in such circumstances on some vague and general allegations levelled by the neighbours that the petitioner is apprehending her arrest in the instant case.

Learned APP has opposed the prayer.

Considering the rival submissions this Court is inclined to accept the submission on behalf of the petitioner. The prayer is allowed.

Patna High Court CR. MISC. No.8249 of 2020(2) dt.28-02-2020 2/2 In the event of arrest or surrender before the court below within four weeks from today, let the petitioners above named 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 Bettiah, West Champaran in Srinagar Pujaha PS Case No. 43 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to 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 in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T