Shobha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15545 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- FULKAHA District- Araria ====================================================== Shobha Devi W/O Prakash Choudhary R/O Village- Bhanghi, Ward No. 10, P.S- P.S. Fulkaha, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi (Adv.) Mr.Dheeraj Kumar (Adv) For the Opposite Party/s :

Mr.Md. Ataur Rahman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence under Section 302/34 of the Indian Penal Code.

3. As per the prosecution case, daughter of the informant was married with co-accused Sunil Kumar Chaudhary 7 years ago and from the wedlock, two children were born. It is alleged that FIR named accused persons including this petitioner demanded Rs. Five lacs and one motorcycle, as dowry, and due to non-fulfillment of the same, they committed torture and harassment to informant's daughter. It is further alleged that on 05.07.2023, the police informed the informant that her daughter has died. On receipt of such information, informant alongwith his son reached at the matrimonial home of her daughter and

Patna High Court CR. MISC. No.15545 of 2024(2) dt.14-03-2024 2/3 saw her dead-body and on verification, the granddaughter (uruh) of the informant disclosed that her mother has been killed by her father and other family members.

4. Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. She is separate in mess and property and has got no concern with the affairs of the couple. Thrust of the allegation is against husband of the deceased, who is already in custody. There is no specific allegation of overt act against this petitioner. Informant is not eye-witness to the occurrence and only on suspicion, the entire in-laws family members of the deceased have been made accused. As a matter of fact, the deceased herself committed suicide by hanging. Petitioner is lady and has got clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria in connection with Fulkaha P.S. Case No.

Patna High Court CR. MISC. No.15545 of 2024(2) dt.14-03-2024 3/3 81 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T