Chunmuni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31414 of 2021 Arising Out of PS. Case No.-768 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== CHUNMUNI DEVI Wife of Sipahi Ray Resident of Village - Chargaha Dhobi Tola, P.S. - Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Turkauliya P.S. Case no. 768 of 2020 instituted for the offence under Sections 328, 304(B) and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his

Patna High Court CR. MISC. No.31414 of 2021(2) dt.18-02-2022 2/3 family members has tortured in various ways due to nonfulfillment dowry demand and ultimately she was killed by them.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of the daughter of the informant and has been falsely implicated in this case. She has never demanded any thing from the informant. She has no concern with the daily activity of the deceased and her husband and is living separately. The sole responsibility to take care of wife is upon husband and not against his family members. Husband of the deceased is in custody since 4.1.2021. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Turkauliya P.S. Case no. 768 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East

Patna High Court CR. MISC. No.31414 of 2021(2) dt.18-02-2022 3/3 Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T