Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42126 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== ANITA DEVI W/O LATE BIRENDRA SHARMA R/O VILLAGECHAUPAR KHURD GAURA, WARD NO 18, P.S-NANPUR, DISTRICTSITAMARHI, STATE-BIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Senior Advocate Ms.Preety Kunwar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2022 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Nanpur Police Station Case No. 39 of 2021, registered for the offence punishable under Sections 498-A/304-B/34 of the Indian Penal Code.

It is a case of dowry death and the petitioner is the mother-in-law of the informant's daughter (deceased). The marriage of the deceased and the son of the petitioner, Devbrat Kumar @ Sonu Sharma, was solemnized on 26.06.2020. The allegation is that after the marriage, the petitioner and coaccused Devbrat Kumar, husband of the deceased, started demanding one motorcycle as dowry and due to non-fulfillment

Patna High Court CR. MISC. No.42126 of 2021(3) dt.21-04-2022 2/3 of the said demand, the deceased has been killed. Learned Senior Counsel for the petitioner submits that the petitioner is the widow mother-in-law of the deceased and has not committed any offence in the manner alleged. He further submits that form perusal of the First Information Report, it would be evident that on the date of occurrence, the deceased had a talk with her father and had told her father that everything was alright. However, in the night at about 11:30 PM, the informant received a phone call through his son-in-law that his daughter has been killed by the accused persons and her dead body was kept in her matrimonial home.

He further submits that the cause of death of the deceased has not been ascertained by the doctor in the post mortem examination report and there is no allegation that in the close proximity of the time, the petitioner demanded dowry and tortured the deceased. He further submits that the husband of the deceased is already in custody. He further submits that the petitioner is in custody since 14.02.2021 and charge sheet has been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials

Patna High Court CR. MISC. No.42126 of 2021(3) dt.21-04-2022 3/3 on record and the fact that the petitioner is the widow mother-inlaw of the deceased, she is in custody since 14.02.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon 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, Sitamarhi, in connection with Nanpur Police Station Case No. 39 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √