Patna High CourtCR. MISC./38314/2023partly allowed disposal

Manju Devi v. The State Of Bihar

2023-08-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38314 of 2023 Arising Out of PS. Case No.-151 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

MANJU DEVI Wife of Lal Babu Sahani Resident of Village - Dakarama, Ward No.- 5, P.S.- Hathauri, District - Muzaffarpur. 2.

Punita Devi Daughter of Lal Babu Sahani Resident of Village - Dakarama, Ward No.- 5, P.S.- Hathauri, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other accused persons committed murder of the daughter of the informant due to non-fulfillment of the dowry demand.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioner no. 1 is mother-in-law of the deceased and petitioner no. 2 is unmarried Nanad of the deceased. He further submits that the petitioners have no concern with the family of the deceased and

Patna High Court CR. MISC. No.38314 of 2023(2) dt.01-08-2023 2/2 are separate in mess and business. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his 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 Hathauri P.S. Case No. 151 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Considering the facts and circumstances of case, I am not inclined to enlarge petitioner no.1 on anticipatory bail. The prayer for anticipatory bail of the petitioner no.1 is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T