Shail Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65915 of 2018 Arising Out of PS.Case No. -409 Year- 2017 Thana -AHIYAPUR District- MUZAFFARPUR ====================================================== Shail Devi, W/O Ganpat Sah, R/V- Sheikhpur, Dhab, P.S. Ahiyapur, District-Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Man Mohan Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending her arrest in a case for the offence registered under Section 304(B) of the IPC. The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is mother-in-law of the deceased. She is separate in mess and property from the husband
Patna High Court Cr.Misc. No.65915 of 2018 (2) dt.30-10-2018 2/2 of the deceased. The police has submitted charge sheet for an offence under Section 306 of the IPC. As far accusation under Section 304(B) of the IPC is concerned, the same was found false. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-XIV-cumA.C.J.M. XIII, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 409/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T