Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24034 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== 1.
SHANTI DEVI, WIFE OF MANGAL RAY RESIDENT OF VILLAGEBATHNAHA, WARD NO.-13, P.S. WARISNAGAR, DISTRICTSAMASTIPUR 2.
MANGAL RAY, SON OF LATE RAMDAS RAY @ RAM RAY RESIDENT OF VILLAGE- BATHNAHA, WARD NO.-13, P.S. WARISNAGAR, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Shankar Singh For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
It is submitted by learned counsel for the petitioner that during pendency of this application, petitioner no. 2 has been arrested and, as such, he seeks permission to withdraw this application.
In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no.2. Now, learned counsel for the petitioner is pressing this bail application only against petitioner no. 1. Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.24034 of 2021(2) dt.07-01-2022 2/3 APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Warisnagar P.S. Case no. 25 of 2020 instituted for the offence under Sections 304B/34 of the Indian Penal Code. As per allegation in the FIR, petitioner along with her family members has tortured in various ways due to nonfulfillment dowry demand and ultimately they killed her. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the deceased and has been falsely implicated in this case. She has never demanded any thing from the informant. She has no concern with the daily activity of the informant and is living separately. The sole responsibility to take care of wife is upon husband of the informant who is in custody. Petitioner is an old lady. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this
Patna High Court CR. MISC. No.24034 of 2021(2) dt.07-01-2022 3/3 Court is inclined to enlarge the petitioner no. 1 on bail. The petitioner nos. 1 is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Warisnagar P.S. Case no. 25 of 2020, she will be enlarged 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 C.J.M., Samastipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U T