Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29115 of 2024 Arising Out of PS. Case No.-538 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== MAMTA DEVI W/O LALLAN SAH R/O VILLAGE- CHAKWA, P.SBATHNAHA, DISTT.- SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024

1. Heard the parties.

2. The petitioner apprehends her arrest in connection with Bathnaha P.S. Case No. 538 of 2023 / G.R. No. 3166 of 2023 dated 17.12.2023 registered under Sections 304 (B), 201 / 34 of the I.P.C.

3. As per the prosecution case marriage of the informant's daughter was solemnized with the co-accused / Kamod Sah about six years back. On 16.12.2023 at about 11:00 P.M. the informant received an information that his daughter has gone somewhere. However, on 17.12.2023 in the morning somebody informed him that his daughter has been killed. Upon the aforesaid information given by the informant, the Officer-in-

Patna High Court CR. MISC. No.29115 of 2024(3) dt.27-05-2024 2/3 charge of the Police Station reached the place of occurrence and sent the dead body for post mortem.

4. Learned counsel for the petitioner submits that from perusal of the First Information Report it would be evident that general and omnibus allegation has been levelled against all the family members including this petitioner. The petitioner is the sister-in-law (gotani) of the deceased and has been residing separately with her husband. There is no specific allegation against the petitioner in order to connect her with the present offence.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation made in the F.I.R., which appears to be general and omnibus and the fact that petitioner is the sister-in-law (gotani) of the deceased, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Sitamarhi / Incharge Successor Court in connection with Bathnaha P.S. Case No. 538 of 2023 / G.R. No.

Patna High Court CR. MISC. No.29115 of 2024(3) dt.27-05-2024 3/3 3166 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T