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Patna High CourtCR. MISC./41907/2024bail granted

Chinta Devi @ Chinta Kumari v. The State Of Bihar

2024-09-13Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41907 of 2024 Arising Out of PS. Case No.-143 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Chinta Devi @ Chinta Kumari W/o- Ram Sevak Mahto VillageHaihari,Chakramdas PS-Dist-Vaishali, P/A- Pokhraira Ps- Saraiya Jaitpur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

3. Earlier, the prayer for grant of anticipatory bail to this petitioner was withdrawn vide order dated 20.12.2022 passed in Cr. Misc. No. 60557 of 2021.

4. The prosecution case in brief is that on 18.04.2018, daughter of informant was married with co-accused Prem Sagar Kumar and after marriage, when she went to live at her matrimonial house, this petitioner, along with other accused persons named in the F.I.R., started demanding dowry and due to non-fulfillment of demand of dowry, daughter of informant

Patna High Court CR. MISC. No.41907 of 2024(2) dt.13-09-2024 2/3 was killed.

5. It is submitted by learned counsel for the petitioner that petitioner has renewed her prayer for bail on the ground that subsequently, husband of deceased has already surrendered and he is in custody since 27.04.2024. Petitioner is married sister-inlaw and is victim of over implication. There is no specific allegation of demand of dowry or torture. Petitioner is separate in mess & property and have got no concern with the affairs of the deceased and her husband. Thrust of accusation is against husband of the deceased. Petitioner claims clean antecedents.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

7. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 143 of 2020, subject to

Patna High Court CR. MISC. No.41907 of 2024(2) dt.13-09-2024 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T