Muniya Devi @ Munni Devi @ Munna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32245 of 2022 Arising Out of PS. Case No.-190 Year-2021 Thana- NAGARNAUSA District- Nalanda ====================================================== MUNIYA DEVI @ MUNNI DEVI @ MUNNA DEVI W/o Raj Kumar Paswan R/o village- Badal Bigha, P.S.- Post Khapura, District- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourav Suman, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304B, 120B and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the informant alleges that his daughter was married to Gautam, further, after marriage, accused persons including the petitioner were demanding money, when at the time of marriage Rs. 85,000/- was given for purchasing ornaments and motorcycle, it is next alleged that informant came to know on 30.12.2021 that his daughter was killed by accused persons.

Learned counsel further submits that petitioner being

Patna High Court CR. MISC. No.32245 of 2022(2) dt.23-11-2022 2/3 mother-in-law has been falsely implicated in the present case, it is next submitted that even allegation of demand and torture is general and omnibus in nature, it is next submitted that it is the duty of the husband to ensure that the wife lives with dignity and honour but then whenever such occurrence takes place, the entire family members of the husband is implicated with general and omnibus allegation, it is also submitted that the husband is in custody.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 trial court where the case is pending/successor court in connection with Nagarnausa P.S. Case No. 190 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, the learned Trial Court before accepting the bail bonds of the petitioner shall verify whether the husband of

Patna High Court CR. MISC. No.32245 of 2022(2) dt.23-11-2022 3/3 the deceased is in custody or not and if it is found that the husband of the deceased is not in custody then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) HarshPandey/- U T