Basmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16036 of 2022 Arising Out of PS. Case No.-73 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== BASMATI DEVI W/o Late Fudan Mahto @ Kundan Mahto Resident of Village - Patti Aswari, P.S. - Kathaiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in Kathaiya P.S. Case No. 73 of 2021 registered under Sections 304B, 201/34 of the Indian Penal Code.

Allegation against the accused persons including the petitioner is of committing torture and causing death of the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.16036 of 2022(2) dt.08-04-2022 2/2 petitioner has been falsely implicated in the present case. The petitioner is mother-in-law of the deceased. She is separate in mess and property from husband of the deceased. She has got no concern with the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV-cum-Sub Judge-IV, Muzaffarpur in connection with Kathaiya P.S. Case No. 73 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T