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Patna High CourtCR. MISC./28580/2022allowed

Meena Devi v. The State Of Bihar

2022-11-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28580 of 2022 Arising Out of PS. Case No.-373 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Meena Devi Wife Of Umesh Mahto Resident Of Village - Alampur, P.S. - Vibhutipur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 Heard the learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Vibhutipur P.S. Case No. 373 of 2021 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her family members had tortured in various ways to the sister of the informant due to non-fulfillment of dowry demand and ultimately they killed her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is mother-in-law of

Patna High Court CR. MISC. No.28580 of 2022(2) dt.01-11-2022 2/3 the deceased and has been falsely implicated in this case. She has never demanded any thing from the deceased. She has no concern with the daily activities of the deceased and her husband. She is living separately. The sole responsibility to take care of wife is upon husband and not against her family members. Husband of the deceased has already been granted regular bail. It is mentioned in para 11 of the petition that after prevailing good sense, matter has been compromised between the parties. Similarly situated co-accused person who is Brother-in-Law has already been granted bail vide order dated 11th of October, 2022, passed in Criminal Miscellaneous No. 26643 of 2022 by this Court. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstance of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.28580 of 2022(2) dt.01-11-2022 3/3 Judicial Magistrate -II, Rosera, Samastipur in connection with Vibhutipur P.S. Case No. 373 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T