Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16000 of 2023 Arising Out of PS. Case No.-309 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== URMILA DEVI W/O RAMLAL PODDAR Resident of Village- Lawapur, P.S.- Mahnar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 304(B) and 201/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons including the petitioner are said to have killed the daughter of the informant on non-fulfillment of the demand of the dowry. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is mother in law of the deceased. He submits that there is no specific overt act against the petitioner. He further submits that at the bar that the

Patna High Court CR. MISC. No.16000 of 2023(2) dt.17-05-2023 2/2 husband of the deceased is already in judicial custody but did not mention it in the application. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Mahnar P.S. Case No.309/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. However, the Trial Court is directed to verify the fact that the husband of the deceased is in judicial custody or not. If husband of the deceased is not in judicial custody, the bail bond of the petitioner shall not be accepted by the learned Court below.

(Anjani Kumar Sharan, J) ajay/- U T