Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36971 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- EKMA District- Saran ====================================================== Malti Devi W/O Rekha Mahto, R/O Village- Phuchhti Kala, P.S.- Ekma, District- Saran (chhaopra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ekma P.S. Case No. 07 of 2022 lodged under Section 304(B)/34 of Indian Penal Code.

As per prosecution, the allegation of dowry death is against 7 accused persons including the petitioner in this case. Learned counsel for the petitioner submits that petitioner is innocent mother-in-law of the deceased. Learned counsel for the petitioner further submits that petitioner is unnecessary languishing in jail since 07.04.2022. Learned

Patna High Court CR. MISC. No.36971 of 2022(2) dt.22-09-2022 2/2 counsel further submits that charge sheet has already been filed, which has also been submitted that there is general and omnibus allegation against the petitioner and there is nothing specific against her. Upon specific query that whether husband is surrender or not, learned counsel submits that till date the husband of the deceased has not surrendered or arrested. Learned counsel for the State opposes the prayer for bail and submits that there is one criminal antecedent against the present petitioner and the antecedent is also with the same offence i.e. section 304B of the I.P.C.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted to the petitioner to move for bail after framing of charge. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T