Patna High CourtCR. MISC./8663/2020partly allowed disposal

Bibha Devi v. The State Of Bihar

2020-02-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8663 of 2020 Arising Out of PS. Case No.-388 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

BIBHA DEVI Wife of Driver Yadav Resident of Village - Ketuka, P.S.- Sadar (Mebbi O.P.), District - Darbhanga.

Deepak Yadav Son of Driver Yadav Resident of Village - Ketuka, P.S.- Sadar (Mebbi O.P.), District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Karn For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Sadar (Mabbi O.P.) PS case no. 388 of 2019 registered for the offences punishable under Section 304(B)/34 of Indian Penal Code.

At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 2. Accordingly, the same stands dismissed as withdrawn. The allegation is regarding the daughter of the informant having been burnt allegedly by the accused persons on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner has submitted that the deceased victim lady had got burnt while she was cooking

Patna High Court CR. MISC. No.8663 of 2020(2) dt.28-02-2020 2/2 food on account of catching fire and there is no complicity of the petitioner no. 1 who happens to be the mother-in-law of the deceased victim lady. It is further submitted that the petitioner no. 1 is having a clean antecedent and is having deep roots in the society as well as she is not likely to flee away from the ensuing investigation or trial. Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to admit the petitioner no. 1 to the privilege of anticipatory bail. Accordingly, the petitioner no.

1, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Mabbi O.P.) PS case no. 388 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.