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Patna High CourtCR. MISC./41541/2023allowed

Shyampati Devi @ Lalita Devi v. The State Of Bihar

2023-08-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41541 of 2023 Arising Out of PS. Case No.-26 Year-2021 Thana- ALIPUR District- Gaya ====================================================== SHYAMPATI DEVI @ LALITA DEVI wife of Vijay yadav @ Ramvijay Yadav Village- Kuseta Ps- Alipur Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. As per FIR, allegations against the petitioner is that she along with other family members killed the informant's sister due to non-fulfillment of dowry demand.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is mother-in-law of the deceased. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.41541 of 2023(2) dt.04-08-2023 2/2 omnibus in nature. It is further submitted that the husband of the deceased is already in judicial custody, which is evident from para 13 of the bail application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the husband of the deceased is in judicial custody, let the above named petitioner, be released on bail, in the event of her 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 Alipur P.S. Case No. 26 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T