Prabhawati Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46148 of 2015 Arising Out of PS.Case No. -86 Year- 2014 Thana -PAROO District- MUZAFFARPUR ====================================================== Prabhawati Kunwar, wife of Late Ravindra Singh, Resident of villageMohjama, P.S. - Paroo, District - Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Rajendra Singh Shastri(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner being mother in law is apprehending her arrest in connection with Paroo P.S. Case No. 86 of 2014, registered for offences punishable under Sections 302, 498A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that admittedly it is not a case under Section 304B. Furthermore, so far as petitioner is concerned, there is no direct evidence against her for demand of dowry. It is also submitted that the marriage in question took place about eight years ago and since there is no specific allegation against the petitioner for torturing her daughter in law, she may be extended the privilege of anticipatory bail. Learned counsel appearing on behalf of the State, after

Patna High Court Cr.Misc. No.46148 of 2015 (3) dt.18-01-2016 2/2 perusal of the case diary submits that save and except the allegation made in the F.I.R., there is no further cogent material in the case diary to substantiate the case against the petitioner. Considering the aforementioned facts and circumstances, let the petitioner above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Paroo P.S. Case No. 86 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T