Babni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45176 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Babni Devi Wife of Uday Shankar Singh @ Udho Singh R/O Vill.- Kutaut, P.S.- Barbigha, Dist.- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Barbigha P.S. Case No.486 of 2023 instituted under Sections 498A, 302, 201 & 34 of the Indian Penal Code.

3. As per the prosecution case, the victim is sister of the informant who was married with co-accused Lallu Kumar 9 years ago. It is alleged that her sister was murdered by the accused persons including the petitioner for non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner who is mother-in-law of the deceased is innocent and has been falsely implicated in this case due to ulterior motive. He further submits that the marriage of deceased with the coaccused was solemnized 15 years ago, not 9 years ago as alleged

Patna High Court CR. MISC. No.45176 of 2024(2) dt.24-07-2024 2/2 in the F.I.R. and having 3 children out of their wedlock. Learned counsel submits that the deceased herself committed suicide due to her short temper. He further submits that husband and fatherin-law of the deceased are already in judicial custody. He also submits that petitioner is lady, having clean antecedent and she undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No.486 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U