Pyari Devi @ Peyari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6622 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -ROH District- NAWADA =====================================

1. Pyari Devi @ Peyari Devi, Wife of Nakul Choudhary, Resident of Village- Koshi, P.S.- Roh, District- Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Md. Fahimuddin (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Roh P.S. Case No.63 of 2015, disclosing offences under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is mother-in-law of the deceased.

Learned counsel, appearing on behalf of the petitioner, submits that there is no likelihood of

Patna High Court Cr.Misc. No.6622 of 2016 (2) dt.15-03-2016 2/3 tampering with the evidence by the petitioner, she being a lady. He also submits that allegation of demand of dowry is general and omnibus against all the nine accused persons, including this petitioner. It has also been submitted that the husband of the petitioner, namely, Nakul Choudhary, who is a co-accused, has been granted the privilege of regular bail by this Court vide order, dated 22.12.2015, passed in Cr. Misc. No.57600 of 2015.

Considering the fact that the petitioner is a lady and the father-in-law of the deceased has been granted the privilege of regular bail, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Roh P.S. Case No.63 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the

Patna High Court Cr.Misc. No.6622 of 2016 (2) dt.15-03-2016 3/3 event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T