Sheela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26410 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== SHEELA DEVI, W/o Jagarnath Singh Resident of Village - Bahorkha, P.S.- Vaishali, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr. Abhaya Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-01-2022 Heard learned Counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Vaishali (Belsar) Police Station Case No. 224 of 2020, disclosing offences under Sections 302, 201, 34 of the Indian Penal Code.

It is a case of dowry death. The father of deceased, Beauty Kumari, has lodged FIR stating therein that after passing one year peacefully in matrimonial house, the husband of the deceased Shekhar Kumar started torture her. On 10.07.2020, a telephonic call was received by his wife that his daughter was murdered. His dead body was excavated from a distance of 500 meters from her matrimonial house. In last portion of fardbeyan, it

Patna High Court CR. MISC. No.26410 of 2021(2) dt.28-01-2022 2/2 has been mentioned that Shekhar Kumar, Sheela Devi, Kajal Kumari, Chotu Kumar, Dinesh Singh had committed murdered of his daughter.

The learned counsel for the petitioner has submitted that in entire FIR, there is no allegation on the petitioner of inflicting torture but only in last portion of the FIR, her name has been figured.

Learned Addl. P.P. as well as learned counsel for the informant both have opposed and the prayer for anticipatory bail. Considering the fact that neither the allegation against the petitioner was on inflicting torture nor of demand of dowry, let the petitioner, named above, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali (Belsar) Police Station Case No. 224 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Nawneet Kumar Pandey , J) sanjeev/- U T