Geeta Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20893 of 2016 Arising Out of PS.Case No. -470 Year- 2015 Thana -FATUHA District- PATNA ======================================================

1. Geeta Devi (Mother in law) wife of Anil Pandey, resident of villageSonaru, Harizantola, P.s. Fatuha, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. Khushboo Devi wife of Chandan Kumar Pandey, resident of villageSonaru, Harizantola, P.s. Fatuha, District- Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bindeshwar Prasad Singh For the Opposite Party/s : Mr. Gopesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsels for the petitioner and the State.

The petitioner being mother of the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A,341 and 323/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The basic accusation is of torture for non fulfillment of dowry demands and driving out the informant from the matrimonial house. It is further alleged that the accused persons attempted on the life of the informant. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.20893 of 2016 (2) dt.11-05-2016 2/3 petitioner that the petitioner is an old lady and the accusation is against the entire inlaws family. The petitioner claims to be separate from the husband of the informant. It is further submitted that the petitioner has no objection allowing the informant to enjoy her share of property in the matrimonial house.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Patnacity, in connection with Fatuha P.S. Case No. 470 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that she will allow the informant to enjoy her share of property in the matrimonial house. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non compliance of the aforesaid undertaking will give liberty to prosecution to file

Patna High Court Cr.Misc. No.20893 of 2016 (2) dt.11-05-2016 3/3 application for cancellation of bail before the learned court below.

(Dinesh Kumar Singh, J) Anil/- U T