Purni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12186 of 2020 Arising Out of PS. Case No.-12 Year-2014 Thana- SIKTI District- Araria ====================================================== PURNI DEVI W/o Fudan Lal Mandal R/o village- Benga Karahbari, P.S.- Bardaha (Sikti), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sikti P.S. Case no. 12 of 2014 registered under sections 304B, 201 and 120B of the Indian Penal Code.

As per allegation in the FIR, the daughter of the informant was married to the son of the petitioner about one and a half years ago. It is stated that the accused persons including the petitioner herein started to torture and assaulted the daughter of the informant for non-fulfillment of the demand of dowry. Ultimately the informant's daughter was done to death and the body disposed of by cremating her.

It is submitted by learned counsel for the petitioner that so far as the petitioner is concerned, she happens to be the mother-in-law of the deceased. The allegation is general and omnibus in nature and it has transpired in course of investigation

Patna High Court CR. MISC. No.12186 of 2020(3) dt.28-08-2020 2/2 that the petitioner is living separately. It is further submitted that the husband of the deceased is in custody. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

The case diary called for in the case has been received.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the allegation levelled in the FIR, the material that has come in course of investigation as also the fact that for an FIR registered in the year 2014, the petitioner moved for bail in 2019, the Court is not inclined to enlarge the petitioner on anticipatory bail and as such the application for bail is rejected. However, in the facts and circumstances of the case, if the petitioner surrenders within a period of six weeks from today, the learned court below shall expeditiously hear the application for bail without being prejudiced by this order of rejection.

(Partha Sarthy, J) Prakash/- U