Vibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16527 of 2022 Arising Out of PS. Case No.-807 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

VIBHA DEVI W/o Pramod Thakur Resident of Village/ Mohalla- Nazirpur, P.S.- Ahiyapur, District- Muzaffarpur.

2.

Saurav Thakur @ Chetan Thakur @ Chetan Kumar S/o Pramod Thakur Resident of Village/ Mohalla- Nazirpur, P.S.- Ahiyapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 At the outset, learned counsel for the petitioner seeks permission to withdraw this application against petitioner no. 2. Permission is accorded.

This application is dismissed as withdrawn only against petitioner no. 2.

So far as petitioner no. 1 is concerned, the instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ahiyapur P.S. Case no. 807 of 2020 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her family members has tortured in various ways to the daughter of

Patna High Court CR. MISC. No.16527 of 2022(3) dt.17-10-2022 2/3 the informant due to non-fulfillment dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the deceased and has been falsely implicated in this case. She has never demanded any thing from the deceased. She has no concern with the daily activity of the deceased and her husband. Husband of the deceased in languishing in judicial custody. The sole responsibility to take care of wife is upon husband and not against his family members.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 1 on bail. The petitioner no. 1 is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Ahiyapur P.S. Case no. 807 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional District & Sessions Judge, Muzaffarpur subject to the

Patna High Court CR. MISC. No.16527 of 2022(3) dt.17-10-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U