Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12482 of 2022 Arising Out of PS. Case No.-396 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== ANITA DEVI W/o- LATE MUNNA PRASAD Resident of Sorangpur, P.S.- Ramkrishna Nagar, District- Patna, at present Resident of Village- Nathupur, P.S.- Parsa Bazar, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Verma, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Parsa Bazar P.S. Case No. 396 of 2021 registered for the offence under Sections 304(B) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 07.11.2021.
The allegation against the petitioner is to cause death of her daughter-in-law, due to non-fulfillment of demand of dowry along with other co-accused persons.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.12482 of 2022(2) dt.13-07-2022 2/3 submitted that the petitioner has falsely been implicated in present case for only reason that she is the mother-in-law of the deceased. It has further been submitted that from bare perusal of the FIR, it appears that allegation is specific against the husband of the deceased, in the background of living separately with petitioner, prior to the occurrence. It has further been submitted that petitioner is a lady and person of clean antecedent. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is mother-in-law of the deceased.
Considering the facts and circumstances as mentioned above, as the petitioner is mother-in-law, living separately, where demand of dowry is very much general and omnibus in nature against the petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Parsa Bazar P.S. Case No. 396 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.12482 of 2022(2) dt.13-07-2022 3/3 like amount each to the satisfaction of learned ACJM-VIII, Patna/concerned court, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(ii) That one of the bailors shall be Raj Kumar, who is the son-in-law (damad) of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S. Sen/- U T