Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17235 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== Champa Devi, Wife of Late Doman Vishwakarma, Resident of Village - Bhusiya, P.S.- Cherki, Distt - Gaya ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 This is an application for grant of anticipatory bail in connection with Bodh Gaya (Cherki) P.S. Case No.348 of 2018 disclosing offences under Sections 304B and 201 of the Indian Penal Code.

Prosecution story is that the petitioner and her son (husband of the deceased) torturing the deceased for demand of dowry and also of assault and he set on fire the deceased and disposed of the dead body.

Submission of the learned counsel for the petitioner is that she is mother -in-law and she has no concern with the alleged crime. He further submitted that husband of the deceased has been granted regular bail by a Co-ordinate Bench of this Court vide order dated 25.10.2018 in Criminal Misc. Case No.57078 of 2018.

Patna High Court CR. MISC. No.17235 of 2019(3) dt.10-05-2019 2/2 Heard learned A.P.P. as well as learned counsel appearing on behalf of the opposite party no.2 also, who has opposed the prayer for bail stating that apart from this allegation, the petitioner has disposed of the dead body of the deceased.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if the petitioner move for regular bail, the same shall be considered on the basis of submissions made above and also on the basis of materials available on record.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T