Kishun Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47003 of 2023 Arising Out of PS. Case No.-340 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== KISHUN DEVI wife of Ram Chaubey Mohalla- Pandeypatti Ps- Buxar DistBuxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending her arrest in connection with Buxar(M) P.S. Case No. 340 of 2020 registered for the offences publishable under Sections 341, 323, 379, 504, 354(B), 498(A), 34 of the Indian Penal Code.

3. As per prosecution case, the accused persons including the petitioner assaulted and tortured the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the F.I.R. and she has falsely been implicated in this case. Petitioner bears one criminal antecedent which is

Patna High Court CR. MISC. No.47003 of 2023(2) dt.04-08-2023 2/3 filed by same informant. Learned counsel further submits that petitioner is mother-in-law of the victim. She is separate in mess and property from the husband of the victim. She has got no concern with the alleged occurrence. Learned counsel further submits that co-accused Shri Ram Choubey has already been granted bail by a co-ordinate bench of this Court vide Cr. Misc. No. 17075 of 2021 and the case of present petitioner stands on similar footing.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of the petitioner and also taking into consideration the materials available on record and co-accused has already been granted bail, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 340 of 2020, subject to the

Patna High Court CR. MISC. No.47003 of 2023(2) dt.04-08-2023 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) amitkr/- U T