Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41298 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- KHIRHAR District- Madhubani ====================================================== SUNITA DEVI WIFE OF SHYAMSUNDAR KHATWAY RESIDENT OF VILLAGE- SONAI, P.S.- KHIRHAR, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 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 his arrest in connection with Khirhar P.S. Case no. 55 of 2021 instituted for the offence under Sections 304(B) and 120(B) of the Indian Penal Code. As per allegation in the FIR, petitioner along with her family members have tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand and ultimately she was being killed by the accused persons. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is sister-in-law of the deceased and has been falsely implicated in this case. She has never demanded any thing from the deceased. She has no concern

Patna High Court CR. MISC. No.41298 of 2022(3) dt.07-12-2022 2/2 with the daily activity of the deceased and her husband and is living separately. The sole responsibility to take care of wife is upon husband and not upon his family member members. As per submission of learned counsel, husband of the deceased is languishing in judicial custody.

Learned APP appearing for the State has opposed the prayer of 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 his arrest or surrender in connection with Khirhar P.S. Case no. 55 of 2021, he 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 ACJM-III, Benipatti subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U