Abha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40255 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== ABHA DEVI Wife of Ravichand Prasad Resident of village- Ghoshwari, P.s.- Bakhtiyarpur, District- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 16-01-2023 Heard Ms. Kumari Pallavi, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State. The petitioner apprehends her arrest in connection with Bakhtiyarpur P.S. Case No. 02 of 2022 for the offence registered under Sections 304(B) and 34 of the Indian Penal Code.

As per the FIR, the informant alleged that the lady, Soni Kumari was married to Amit Kumar but was always tortured for dowry and subsequently, allegation is of killing her. Learned counsel for the petitioner submits that the petitioner is mother-in-law residing separately and had no role to play in the matter but only because she belongs to the family, her name has been incorporated in the list of accused. Further, submission with the help of paragraph-16 is that the husband is

Patna High Court CR. MISC. No.40255 of 2022(3) dt.16-01-2023 2/2 in custody.

Taking into account the fact that the lady is mother-inlaw, has no criminal antecedent and husband of the deceased is in custody, this Court is inclined to grant her anticipatory bail. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Barh, District- Patna in connection with Bakhtiyarpur P.S. Case No. 02 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

Before parting, this Court would like to put on record its word of appreciation for Ms. Kumari Pallavi for the assistance rendered by her to this Court.

(Rajiv Roy, J) Jagdish/Neha/- U T