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Patna High CourtCR. MISC./22059/2019bail granted

Sone Mati Devi @ Fulmanti Devi v. The State Of Bihar

2019-11-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22059 of 2019 Arising Out of PS. Case No.-159 Year-2018 Thana- TELHARA District- Nalanda ====================================================== Sone Mati Devi @ Fulmanti Devi, W/o Raj Kumar Prasad Resident of Village-Ranipur Khurd, P.S-Telhara, Dist.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the IPC. It is alleged that all the accused persons including the petitioner killed the daughter of the informant after about three years of the marriage for non-fulfillment of the further dowry demand of Rs. 2 lacs and a motorcycle.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the husband of the victim and the petitioner claims that she use to reside separately with the husband of the victim. It is further submitted that the accusation against the petitioner is omnibus and general.

Patna High Court CR. MISC. No.22059 of 2019(5) dt.16-11-2019 2/2 Learned APP, after going through the case diary, submits that there is specific accusation against the petitioner and she is named in the FIR.

Considering the fact that thrust of accusation is against the husband of the victim and the accusation against the petitioner is omnibus and general, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hilsa in connection with Telhara P.S. Case No. 159 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T