Geeta Devi @ Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14764 of 2023 Arising Out of PS. Case No.-362 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Geeta Devi @ Gita Devi Wife Of Late Nawal Singh @ Nawal Kishor Singh R/V- Kapoor Pakri, P.S.- Shikarganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to make correction in para-1 and prayer portion of the bail application in course of the day.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner and other co-accused is that they killed daughter of the informant due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is mother-in-law of the deceased. He submits that there is no specific overt act against the petitioner. The husband of the deceased has surrendered

Patna High Court CR. MISC. No.14764 of 2023(3) dt.04-07-2023 2/2 before the Court below on 01.07.2023, this submission is made by learned counsel for the petitioner at bar. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chiraiya (Shikarganj) P.S. Case No. 362 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Learned Court below is directed to verify the fact that the husband of the deceased is in judicial custody, if the husband of the deceased is not in judicial custody then bail bond of the petitioner shall not be accepted by the learned Court below. (Anjani Kumar Sharan, J) anand/- U T