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Patna High CourtCR. MISC./34434/2021allowed

Usha Devi v. The State Of Bihar

2022-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34434 of 2021 Arising Out of PS. Case No.-20 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== USHA DEVI W/o Late Shambhu Patel Resident of Village- Khairavi @ Khairvi, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends her arrest in a case in connection with Bathnaha P.S. Case No.20/2019, registered for the offence punishable under Sections 304(B), 201, 120(B) of the Indian Penal Code.

The allegation against the petitioner is that she in connivance with her family members has killed the daughter of the informant by setting her on fire, on account of nonfulfillment of demand of dowry. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.34434 of 2021(3) dt.22-02-2022 2/2 petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged has ever taken place. The petitioner is the mother-in-law of the deceased and there is no specific allegation levelled against her. The husband of the deceased has already surrendered before the learned court below on 15.02.2022. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the husband of the deceased is already in custody, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bathnaha P.S. Case No.20/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T