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Patna High CourtCR. MISC./34674/2017disposed

Mishra Devi @ Bedamiya Devi And ANR v. The State Of Bihar

2017-08-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34674 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Mishra Devi @ Bedamiya Devi, W/o Late Raghunandan Rai, R/o Village- Kanchanpur, Dhanuasi, P.S.- Karthan, District- Vaishali.

2. Meera Devi, W/o Deepak Kumar Rai, D/o Nawal Rai, R/o VillageSitalpur, Dharbangara, P.S.- Dariyapur, District- Saran. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr.

For the State : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 04-08-2017 Learned counsel for the petitioners appears and submits that the petitioner no.1 Mishra Devi alias Bedamiya Devi has already been arrested in the case and seeks permission to withdraw this application in her respect.

Permission is accorded.

Accordingly, this application in respect of the petitioner no.1 Mishra Devi alias Bedamiya Devi is dismissed as withdrawn. Now, only the prayer of the petitioner no.2 Meera Devi for grant of anticipatory bail is being considered. Heard.

The petitioner no.2 Meera Devi apprehends her arrest in connection with Kartahan P.S. Case No.23 of 2017 registered under

Patna High Court Cr.Misc. No.34674 of 2017 (2) dt.04-08-2017 2/2 Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing the deceased, the daughter of the informant, by her husband and other in-laws for non fulfillment of demand of motorcycle in dowry.

Submission on behalf of the petitioner no.2 Meera Devi, is that she is married Nanad of the deceased, the daughter of the informant, and at the time of the alleged occurrence, she was at her matrimonial home and not at parental home. She has been implicated in this case without any specific overt act. Further submission is that, in fact, the deceased, the daughter of the informant, was cooking meal on the stove and, in that course, the stove blasted, due to which she sustained burn injury and died.

Having considered the facts and the circumstances of the case, let the petitioner no.2 Meera Devi, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Vaishali at Hajipur, in connection with Kartahan P.S. Case No.23 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T