Gorki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16941 of 2020 Arising Out of PS. Case No.-16 Year-2016 Thana- GHOSWARI District- Patna ====================================================== GORKI DEVI D/o Sahdeo Yadav, W/o Mukesh Yadv Resident of Village - Gosaigaon Sorbhu Asthan, P.S.- Ghoswari, Distt.- Patna, (Accordfing to F.I.R.), But Petitioner is resident of Village - Banabigha, P.S.- Shekhpura, Distt.- Shekhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned APP appearing for the State.

The petitioner apprehends her arrest in connection with Ghoshwari P.S. Case No. 16 of 2016 for the offence punishable under Sections 304(B), 201, 34 of the Indian Penal Code.

The case of the prosecution, according to the informant, is that his daughter namely Khushbu Devi was

Patna High Court CR. MISC. No.16941 of 2020(2) dt.14-07-2020 2/3 married to the petitioner in the year 2014, however, on account of non-fulfilment of demand for dowry, she was killed by the accused persons including the petitioner herein, who is stated to be the sister-in-law of the deceased victim lady and then the dead body was disposed off.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the husband of the deceased victim lady has already been granted bail by a co-ordinate Bench of this Court by an order dated 03.10.2018 passed in Cr. Misc. No. 47504 of 2018. Lastly, it is submitted that the petitioner has got no complicity in the matter.

The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the husband of the deceased victim lady has already been granted regular bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.16941 of 2020(2) dt.14-07-2020 3/3 Accordingly, in the event of arrest or surrender before the learned court below within a period of four weeks from today, the petitioner, above-named shall be enlarged on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned J.M., Barh, District Patna in connection with Ghoshwari P.S. Case No. 16 of 2016.

(Mohit Kumar Shah, J) Tiwary/- U T