Krishna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21070 of 2016 Arising Out of PS.Case No. -273 Year- 2014 Thana -BOCHHA District- MUZAFFARPUR ====================================================== Krishna Devi W/o Hriday Rai Resident of Village- Basauli, PS Bochahan, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Shekhar Anand For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Bochahan P.S. Case No. 273 of 2014 for the offence punishable under section 304 (B)/34 of the I.P.C.

Sujata Kumari, the sister of the informant, was married with Hriday Rai, six years ago, and soon thereafter she was subjected to torture and cruelty for not fulfilling the demand of dowry. Out of the wedlock there are two daughters and on 25.09.2014 the informant got information that his sister has been killed by her matrimonial people and thereafter he along with

Patna High Court Cr.Misc. No.21070 of 2016 (5) dt.29-03-2017 2/3 others reached there and then came to know that the matrimonial people fled away with the dead body. In the morning the informant got information that the dead body of his sister is in the house and thereafter he reached there and found the dead body of his sister Sujata Kumari. It is alleged that the husband, the petitioner and other in-laws killed her by assaulting and by giving poison.

Submission is of false implication and that the petitioner has committed no offence, the petitioner is the first wife of Hriday Rai, the husband of the deceased, no specific overtact has been alleged against the petitioner, other in-laws who are Dever and Bhaisur have been allowed pre-arrest bail by another co-ordinate Bench of this Court in Cr. Misc. No. 36707 of 2015 and the case of the petitioner is on similar footing. The learned A.P.P. submits that against the petitioner also there is general and omnibus allegation. In the facts and circumstances as stated above, the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. Sri A.K. Srivastava, Sub. Judge- VIth- Cum-

Patna High Court Cr.Misc. No.21070 of 2016 (5) dt.29-03-2017 3/3 A.C.J.M, Muzaffarpur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T