Patna High CourtCR. MISC./53720/2016bail granted

Shobha Devi v. The State Of Bihar

2016-12-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53720 of 2016 Arising Out of PS.Case No. -132 Year- 2014 Thana -PALIGANJ District- PATNA ====================================================== Shobha Devi, Wife of Chengan Yadav, Resident of Village- Rampur Nagwa, P.S.- Paliganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Sinha, Advocate For the Opposite Party : Mr. Abhay Kumar Roy (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Paliganj P.S. Case No. 132 of 2014, registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Allegedly, the accused persons including the petitioner killed the daughter of the informant due to nonfulfillment of dowry. Submission is of false implication and that the petitioner has got no criminal antecedent, there is no allegation of tampering of witnesses, the petitioner is the mother-in-law of the deceased, she is separate in mess and property from the husband

Patna High Court Cr.Misc. No.53720 of 2016 (2) dt.20-12-2016 2/2 of the deceased. The husband of the deceased is in custody. The father-in-law and Nanad of the deceased have already been allowed pre-arrest bail and, as such, she deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that against the petitioner also the allegation is for assaulting the deceased.

In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, District- Patna, in connection with Paliganj P.S. Case No. 132 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U