Patna High CourtCR. MISC./14361/2015bail granted

Phulpato Devi @ Fulmati Devi v. The State Of Bihar

2015-04-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14361 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -PHULWARIA District- GOPALGANJ ====================================================== Phulpato Devi @ Fulmati Devi W/o Tilakdhari Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-04-2015 Heard learned counsels for the petitioner and the State. The petitioner being mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Section 304B/201 of the Indian Penal Code. Accusation is of killing the daughter of the informant for non-fulfillment of demand dowry.

It is submitted by learned counsel for the petitioner that marriage was performed in the year 2001 and as per own admission of the informant the relation between the victim and her husband was 13 years old hence, the present case does not come within the purview of section 304(B) of the Indian Penal Code. It is further submitted that the specific accusation is not against this petitioner.

Considering the aforesaid facts and the petitioner being a 70 years old lady, let the above named petitioner be released on

Patna High Court Cr.Misc. No.14361 of 2015 (2) dt.07-04-2015 2/2 anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Phulwaria P.S. Case No.81 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T