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Patna High CourtCR. MISC./39053/2022allowed

Chandrawati Devi v. The State Of Bihar

2022-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39053 of 2022 Arising Out of PS. Case No.-402 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== CHANDRAWATI DEVI Wife of Sri Laxman Prasad R/v- Mirganj Main Bazar Road, Ward No.- 12, Uttar Mohalla, P.S.- Mirganj, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 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 Mirganj P.S. Case no. 402 of 2021 instituted for the offence under Sections 304B, 34 of the Indian Penal Code. The prosecution case is that the informant's daughter has been killed by the petitioner along with her family members due to non-fulfillment of Rs. Two lakh as a dowry. 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. Petitioner is mother-in-law of the deceased due to which she has falsely been made accused in this present case. It is further submitted that

Patna High Court CR. MISC. No.39053 of 2022(2) dt.01-12-2022 2/2 petitioner has no concern with the mess and business of the deceased. Petitioner never demand of dowry and she was not present at the time of this occurrence.

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 Mirganj P.S. Case no. 402 of 2021, 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 A.C.J.M.-XV, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T