Gayetri Devi @ Jayetri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38984 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- GURARU District- Gaya ====================================================== GAYETRI DEVI @ JAYETRI DEVI W/O SUNIL SINGH R/O VillageBhartipur, P.S- Gurua, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP For the Informant :

Mrs.Anjum Perveen, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B), 34 of the IPC and 3⁄4 Dowry Prohibition Act, 1961.

3.

As per the prosecution case, daughter of the informant has been killed by F.I.R. named accused persons including the petitioner (mother-in-law 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. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.38984 of 2023(2) dt.03-08-2023 2/2 general and omnibus in nature and husband of the deceased is already in judicial custody. It is further submitted that after investigation, police has submitted charge sheet u/s 306/34 of the IPC. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that there is specific allegation against the petitioner and other coaccused persons that they subjected the deceased to cruelty for demand of dowry and ultimately murdered her.

6.

Having regard to the facts and circumstances of the case, since charge sheet has been submitted u/s 306/34 IPC, 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 Guraru P.S. Case No.16 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T