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Patna High CourtCR. MISC./59894/2018bail granted

Sonamati Devi @ Sonmati Devi v. The State Of Bihar

2018-10-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59894 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- KONCH District- Gaya ====================================================== SONAMATI DEVI @ SONMATI DEVI, wife of Prakash Yadav @ Ghunghru Yadav, resident of village Bisun Bigha, P.S. Monch, district Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Yadav, Adv.

For the Opposite Party :

Mr. Satyade Prasad Singh Yadav, APP 131 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks anticipatory bail in connection with Konch P.S. Case No. 5 of 2018 for the offences alleged under Sections 341, 323, 328 and 304B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter, Rubi Devi, was married to one Dinesh Yadav in the year 2014 and after one year of marriage she was tortured for the demand of motorcycle and rupees one lakh as dowry and several times she was thrown out of her matrimonial house. On 16.01.2018, the informant received information that his daughter has been beaten and poisoned to death and on reaching the matrimonial house found her dead body in the courtyard. It has been submitted by the learned counsel for the petitioner that she is innocent and has been falsely implicated in the aforesaid case. He submits that general and omnibus

Patna High Court Cr.Misc. No.59894 of 2018(2) dt.08-10-2018 2/2 allegation has been levelled against the family members without any specific allegation. He submits that just because the petitioner is mother-in-law, she has been implicated in the aforesaid case. It is further submitted that the father-in-law has been granted the privilege of regular bail by a coordinate Bench of this Court.

Learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances and materials on record, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Konch P.S. Case No. 5 of 2018 shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure.

(Nilu Agrawal, J) Shamshad/- U T