Most. Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30084 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- GORAUL District- Vaishali ====================================================== MOST. MINA DEVI W/O LATE BRIJ NANDAN SINGH R/O VillageChakbyas, P.S - Goraul, Distt.- Vaishali at Hajipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Agarawal, Advocate Mr. Lokesh Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, A.P.P.
For the Informant :
Mr. Dhananjai Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman aged about 74 years.
4. The informant alleges that his daughter was married with Vishal Kumar on 14.07.2021 and after marriage she was tortured and harassed for non-fulfillment of demand of dowry of Rs.5 lakhs for purchasing a vehicle. It is further alleged that he came to know that on 14.08.2022 all the accused persons killed his daughter for non-fulfillment of dowry demand.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.30084 of 2023(2) dt.24-07-2023 2/2 petitioner has been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of demand and torture for non-fulfillment of dowry is alleged against the petitioner. It is next submitted that petitioner being mother-in-law of the deceased in a mechanical manner has been implicated. It is also submitted that Vishal Kumar i.e. husband of the deceased is in custody.
6. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Goraul P.S. Case No. 358 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T