Lalmuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20988 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== LALMUNI DEVI Wife of Birendra Mahto Resident of village-Madaripur, P.S. Minapur, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard the parties.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 302, 120B of the Indian Penal Code.

3.

The allegation against the petitioner is that, she along with others killed the daughter of the informant on the pretext of non-fulfillment of demand for dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the first wife of co-accused Birendra Mahto. Petitioner has never demanded dowry not

Patna High Court CR. MISC. No.20988 of 2023(3) dt.24-07-2023 2/2 tortured the deceased. There is no eye-witness of this case to support the prosecution case. He further submits that the husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as the petitioner is a lady and there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Karja P.S. Case No.76 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T