Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16390 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- SIMRI District- Buxar ====================================================== PUSHPA DEVI Wife of Awadh Bihari Pathak Resident of Village - Niajipur, P.S.- Simri (Hata O.P.), District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and is mother-inlaw of the deceased, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that the allegation of demand of dowry is general and omnibus in nature. It is further submitted that husband of the deceased was taken in custody and he has been granted regular bail by order dated 15.05.2023 in Cr. Misc. No. 14945 of 2023 by a learned co-

Patna High Court CR. MISC. No.16390 of 2023(2) dt.25-05-2023 2/2 ordinate bench of this Court, it is thus submitted that petitioner is mother-in-law of the deceased and no useful purpose would be served by sending her to judicial 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 husband of the deceased has been granted regular bail.

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 case is pending/successor court in connection with Simri (Hata O.P.) P.S. Case No. 289 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T