Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36722 of 2022 Arising Out of PS. Case No.-92 Year-2017 Thana- EKANGARSARAI District- Nalanda ====================================================== Kanti Devi Wife Of Sitaram Prasad Resident Of Village - Mahmadpur, Police Station- Ekangarsarai, Distt.- Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Ekangarsarai P.S. Case no. 92 of 2017 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code. It is a case of dowry death of the informant's daughter due to non-fulfillment of dowry demand.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has got no criminal antecedent. The petitioner is mother-in-law of the deceased due to which she has falsely been made accused in this case. It is further submitted that the petitioner was residing separately with the deceased and her

Patna High Court CR. MISC. No.36722 of 2022(2) dt.29-11-2022 2/2 husband after family partition and she has no concern the mess and business with the deceased. It is further submitted vide Annexure 2 that the husband of the deceased has been already acquitted by the learned trial court on 4.11.2019 vide S.Tr.No.49/18.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Ekangarsari P.S. Case no. 92 of 2017, she will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T