Anamika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34089 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================

1. Anamika Devi W/o Late Suchit Singh village - Baikunthpur, Tola Gangajal, P.S. Rajapakar, Distt. - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Binod Kumar -III(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioner apprehends her arrest in a case under Section 304(B), 201/34 of the Indian Penal Code. The informant made allegation that his daughter was done to death by her husband and other in-laws. It is submitted that the petitioner is mother-in-law of the deceased. The husband of the deceased informed the informant about the illness of the deceased. The deceased gave birth to a premature child at Begusarai, that is, her native town and she was very weak. She developed abdominal pain and died during the course of treatment. On 17.04.2015 the deceased was admitted to Raja Pakar PHC.

The learned counsel for the informant as well as the learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail and submitted that none of the

Patna High Court Cr.Misc. No.34089 of 2015 (4) dt.29-10-2015 2/2 witnesses has stated that the deceased gave birth to a pre-mature child.

The father of the deceased made allegation of demanding four- wheeler against father-in-law and husband of the deceased. No specific allegation of demand of dowry and torture is made against the petitioner, who happens to be mother-in-law of the deceased. The deceased gave birth to a pre-mature child in her Naihar and she developed abdominal pain. The husband of the deceased is in jail.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to 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 Smt Shruti Singh, learned Judicial Magistrate, 1st class, Vaishali at Hajipur in Rajapakar P.S. Case No. 53 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T