Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30899 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Munni Devi w/o Akhilesh Yadav, resident of Belhariya, P.S Tekari, Distt. Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 304B, 120B/34 of the Indian Penal Code. The prosecution case is of killing the sister of the informant after about six years of marriage for non-fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioner that the accusation is omnibus and general against the entire in-laws family. The petitioner claims to separate from the husband of the victim. It is further submitted that though the accusation has been levelled in the background of partition dispute. It appears that at earlier point of time the sister (victim) of the informant

Patna High Court Cr.Misc. No.30899 of 2016 (2) dt.04-08-2016 lodged Tekari P.S. Case No. 205 of 2015 on 06.06.2015 levelling accusation under Section 498A, 323 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, wherein the petitioner has not been made accused. The husband of the victim is criminal, as a result his father lodged complaint against him vide Cr. Misc. No. 180 of 2015. Considering the accusation being omnibus and general, the petitioner being a lady and the victim did not make her accused, when she earlier lodged a case with similar accusation under Section 498A of the Indian Penal Code, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Tekari P.S. Case No. 110 of 2016, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) P.K./- U T