Baby Kumari @ Baby Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37159 of 2022 Arising Out of PS. Case No.-736 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BABY KUMARI @ BABY GUPTA D/o Chhattu Sah Resident of Village - Madhuban Malang Chouk, P.S. Madhuban, District - East Champaran. At present- Anand Vihar Colony Aiyapur, P.S.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udit Narayan Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. The allegation against the petitioner is that she along with other accused persons have killed the daughter of the informant due to non-fulfillment of demand of dowry.

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. The

Patna High Court CR. MISC. No.37159 of 2022(2) dt.22-11-2022 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the married sisterin-law of the deceased and husband of the deceased is already in judicial custody. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since husband of deceased is already 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 Ahiyapur P.S. Case No.736/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T