Sarbhawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63039 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- DURAULI District- Siwan ====================================================== Sarbhawati Devi, Wife of Manoj Verma, Resident of Village- Rampur Saraiya, Police Station- Darauli, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Informant :

Mr. Ajay Kumar Pandey For the State :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, being the Gotni of the deceased, apprehends her arrest in connection with Darauli P.S. Case No. 139 of 2018 registered for the offense punishable under Sections 304(B)/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

Learned counsel for the petitioner submits that the entire family has been roped in, in connection with the present case and the husband of the deceased lady is already in custody. Learned counsel for the informant, however, submits that the entire family was involved in the torture and the demand for dowry and, therefore, the role of the petitioner

Patna High Court Cr.Misc. No.63039 of 2018(2) dt.11-12-2018 2/2 cannot be undermined. He, thus, submits that the petitioner may not be extended the privilege of anticipatory bail. After having heard learned counsel for the parties and after considering all facts and circumstances, it appears that the petitioner is similarly placed daughter-in-law of the family and as such, her role itself is doubtful for the alleged demand of dowry.

Considering the entire facts and circumstances and that the husband of the deceased lady has already been taken into custody, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief judicial Magistrate, Siwan, in connection with Darauli P.S. Case No. 139 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T