Mina Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14432 of 2022 Arising Out of PS. Case No.-221 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== MINA KUMARI Wife of Late Shyam Sundar Prasad Resident of Village Jaiprakashpur, P.S. Noorsarai, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Amit Kumar Rakesh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends her arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
The informant alleges that marriage of his daughter was solemnized with Avinash Kumar on 27.09.2020 and thereafter the deceased informed the informant that petitioner and Avinash Kumar used to torture her for dowry, it is next alleged that on 09.07.2021 at about 10.00 pm, informant had a talk with his daughter on mobile from which he could sense that she was afraid, further on the same day at 01:45 am, the petitioner informed the informant that his daughter has died,
Patna High Court CR. MISC. No.14432 of 2022(2) dt.19-09-2022 2/3 accordingly he reached the place of occurrence and found the dead body of his daughter.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is the mother-inlaw of the deceased and has been falsely implicated in the present case, it is next submitted that as far as allegation of demand of dowry is alleged, the same is general and omnibus in nature, it is also submitted that husband of the deceased is in custody.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioner but are not able to rebut the submission of the learned counsel for the petitioner that the allegation of demand of dowry against this petitioner is general and omnibus in nature and the husband of the deceased is in custody.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
Patna High Court CR. MISC. No.14432 of 2022(2) dt.19-09-2022 3/3 case is pending/successor court in connection with Noorsarai P.S. Case No. 221 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) gauravkr/- U T