Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30174 of 2020 Arising Out of PS. Case No.-298 Year-2019 Thana- RIVILGANJ District- Saran ====================================================== KALAWATI DEVI W/o Lagandeo Rai Resident of Village-Saraidha, P.S.- Revilganj, District-Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Revilganj P.S. Case No. 298 of 2019 registered for the offences punishable under Sections 498A, 363, 364 and 304B of the Indian Penal Code and 3/4 of the D.P. Act.

Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased and has been falsely implicated in this case. Learned counsel submits that there is no specific allegation of torture and demand of dowry against this petitioner. It is submitted that the petitioner has no criminal antecedent.

Learned APP for the State is present and has opposed

Patna High Court CR. MISC. No.30174 of 2020(4) dt.10-02-2021 2/2 the prayer for anticipatory bail of the petitioner. Having regard to the facts and circumstances of the case, wherein this Court finds that this case is one in which the dead body of the victim was allegedly thrown in the river, the independent witnesses have stated about torture being committed upon the deceased, the dead body has shown some injuries as well and it was recovered from the river, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is, thus, refused.

In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, her prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. The observation with regard to surrender in the court below within a period of four weeks from today shall not be construed as granting any interim protection to the petitioner for the aforesaid period.

(Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.