Sakunma Devi @ Shakuntala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35065 of 2016 Arising Out of PS.Case No. -96 Year- 2015 Thana -CHANAN District- BANKA ====================================================== Sakunma Devi @ Shakuntala Devi, W/o Dilip Paswan Resident of VillageMusaharadih, Police Station- Chandan (Anandpur O.P.), District- Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner apprehends her arrest in connection with Chandan (Anandpur) P.S. Case No. 96 of 2015 registered for the offence punishable under Sections 304(B), 201, 120(B)/34 of the Indian Penal Code. The prosecution case is that informant's married daughter, Bulbul Devi has been killed by her husband and in-laws due to non-fulfilment of demand of dowry.
It has been submitted by the learned counsel for the petitioner that petitioner is Gotani of the deceased Bulbul Devi and has separate home and mess from the
Patna High Court Cr.Misc. No.35065 of 2016 (2) dt.15-09-2016 2/3 deceased and her husband. He submits that general and omnibus allegation has been levelled and after investigation, final form has been submitted and the petitioner has not been sent up for trial. It has also been submitted that the other inlaws of the deceased named in the First Information Report, have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 20305 of 2016 on 27.06.2016. It has also been submitted that the husband of the deceased is in jail custody since 30.10.2015. However, learned A.P.P. for the State submits that petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since other similarly situated coaccused have been granted bail by this Court, husband is in custody and petitioner has not been sent up for trial, let the petitioner, named above, in the event of her arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with
Patna High Court Cr.Misc. No.35065 of 2016 (2) dt.15-09-2016 3/3 Chandan (Anandpur) P.S. Case No. 96 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Nilu Agrawal, J.) Arjun/- U T