Patna High CourtCR. MISC./35818/2018bail granted

Arti Devi v. The State Of Bihar

2018-07-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35818 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- BHAGWANPUR District- Bhabhua (Kaimur) ====================================================== Arti Devi Wife of Rama Nand Seth Resident of Village Bhagwanpur, P.S. Bhagwanpur, District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner is apprehending her arrest in a case registered under Sections 341, 323, 504, 498A, 307/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act in which Section 304B IPC was added later on.

Allegation against the petitioner is of committing torture and assault and thereafter committed murder of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is the mother-in-law of the deceased.

Patna High Court Cr.Misc. No.35818 of 2018(4) dt.30-07-2018 2/2 She is separate in mess and property from the husband of the deceased. In paragraphs 5, 6, 9 and 10 of the case diary, witnesses have not supported the allegations made in the F.I.R.. The husband of the deceased is in custody.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. V, Kaimur at Bhabhua in connection with Bhagwanpur P.S. Case No. 81 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T