Dulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23368 of 2021 Arising Out of PS. Case No.-93 Year-2019 Thana- MAHESI District- East Champaran ====================================================== Dulari Devi Wife Of Suresh Sahani Resident Of Village Chuhariya Hasanpurwa, P.S.- MEHSI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner is apprehending her arrest in Mehsi (Jai Bajrang O.P.) P.S. Case No. 93 of 2019 registered under Section 302/120(B) of the Indian Penal Code but charge sheet was submitted under Section-306/34 of the Indian Penal Code. Allegation against the accused persons including the
Patna High Court CR. MISC. No.23368 of 2021(2) dt.15-02-2022 2/3 petitioner is of committing torture and causing death of the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is mother-in-law of the deceased. She is separate in mess and property from husband of the deceased. She has no concern with the affairs of husband of the deceased. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of
Patna High Court CR. MISC. No.23368 of 2021(2) dt.15-02-2022 3/3 twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Motihari, East Champaran in connection with Mehsi (Jai Bajrang O.P.) P.S. Case No. 93 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T