Laxmipati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53970 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- BALTHAR District- West Champaran ====================================================== LAXMIPATI DEVI WIFE OF SHREE KRISHNA MOHAN PANDEY R/O VILLAGE- DHANKUTWA, P.S.- BALTHER, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Nand Poddar For the State :

Mr.Dr.Mrityunjaya Kr.Gautam For the Informant :

Mr.Binay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in connection with Balther P.S. Case No. 30 of 2021, registered for the offences punishable under Sections 304 (B), 201, 323, 504, 379 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that though the marriage of the deceased was solemnized with the son of the petitioner and she died only within three months of her marriage, but the death was due to ailment as it was detected in medical report that stone was found in her stomach which

Patna High Court CR. MISC. No.53970 of 2021(4) dt.02-01-2023 2/2 was the cause of her death.

On the other hand, the learned counsel for the informant as well as the learned Additional PP for the State have submitted that the deceased was burnt to death only within three months in her matrimonial house for non-fulfillment of demand of dowry. They have submitted further that processes under Section 82 and 83 have been issued.

In view of aforesaid, the petitioner is not entitled for anticipatory bail.

The petitioner is directed to surrender before the court below and make a prayer for regular bail. Her prayer for regular bail shall be disposed of without being prejudiced by this order, on its own merit.

The petition is disposed of with the aforesaid observation.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T