Kalawati Devi @ Kulawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80288 of 2018 Arising Out of PS. Case No.-81 Year-2017 Thana- BHAGWANGANJ District- Patna ====================================================== Kalawati Devi @ Kulawati Devi, Wife of Late Osiar Yadav, Resident of Village- Murgiachak, P. S. - Bhagwanganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Nityanand Neeraj ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhagwanganj Police Station Case No. 81 of 2017, disclosing offences under Sections 304 (B), 201/34 of the Indian Penal Code.

The petitioner is mother-in-law of the deceased. Learned Counsel appearing on behalf of the petitioner contends that she is 65 years' old. It has been argued that it is evident from the First Information Report that before the alleged date of occurrence, the deceased and her husband quarreled with each other. The allegation of demand of dowry has been made in the First Information Report just to add gravity to the allegation. Learned Counsel appearing on behalf of the

Patna High Court Cr.Misc. No.80288 of 2018(2) dt.24-01-2019 2/2 informant has vehemently opposed the prayer for anticipatory bail.

However, considering the nature of allegation, this application is allowed.

Let the petitioner, Kalawati Devi @ Kulawati Devi, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Masaurhi, in connection with Bhagwanganj Police Station Case No. 81 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √