Gudi Devi @ Gudiya Kumari @ Guddi Kumari @ Gudiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34465 of 2023 Arising Out of PS. Case No.-308 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== GUDI DEVI @ GUDIYA KUMARI @ GUDDI KUMARI @ GUDIYA DEVI Wife of Luvkush Giri Resident of village - Bijbani Udha Sah Tola, P.S. - Jitna, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B), 120B of the IPC. 3.

As per the prosecution case, daughter of the informant has been killed by F.I.R. named accused persons including the petitioner-sister-in-law (gotani) of the deceased due to nonfulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place.

Patna High Court CR. MISC. No.34465 of 2023(3) dt.17-08-2023 2/2 Petitioner is the sister-in-law of the deceased and the allegation leveled against the petitioner is not specific rather general and omnibus in nature. She has never made any dowry demand and was living separately from the deceased and her husband. It is further by learned counsel for the petitioner before the bar that the husband of the deceased has surrendered before the learned Court below on 11.07.2023. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since husband of the deceased is in custody, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghorasahan P.S. Case No.308 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T