Patna High CourtCR. MISC./32372/2014bail granted

Nilam Devi v. The State Of Bihar

2015-02-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32372 of 2014 Arising Out of PS.Case No. -125 Year- 2013 Thana -BHORE District- GOPALGANJ ======================================================

1. Nilam Devi Wife of Lalan Ojha resident of Village - Kave , P.S . - Bhorey- Gopalganj .

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. A.M.P Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner happens to be mother-in-law of the deceased and apprehends her arrest in connection with Bhorey Police Station Case No. 125 of 2013 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code. At the very outset, it is pointed out on behalf of the petitioner that father-in-law and younger-brother-in-law of the deceased, have already been admitted regular bail by a Bench of this Court. It is further pointed out on behalf of the petitioner that in course of trial of the other co-accused the informant was

Patna High Court Cr.Misc. No.32372 of 2014 (2) dt.09-02-2015 2/2 examined as prosecution witness no. 4 and she stated that her daughter was caught fire accidentally and no demand of dowry have ever been made by in-laws of the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Bhorey Police Station Case no. 125 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U