Dimpal Kumari @ Dimpal Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 40050 of 2020 ====================================================== Dimpal Kumari @ Dimpal Devi aged about 41 years (female), w/o-Manoj Ray, R/O vill-Khasgijash, P.S.-Saraiya, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Adv.

For the State :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-06-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State, Sri Rajeev Nayan.

This is an application for grant of anticipatory bail in connection with Lalganj P.S. Case No. 149 of

2/4 2020 registered for the offence punishable under Section 302 and 201/34 of the Indian Penal Code. The allegation is regarding the daughter of the informant having been killed by the accused persons including the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is the married sister-in-law of the deceased victim lady and was/is living separately, hence, she has got nothing to do with the alleged occurrence. Upon a query made by this Court, the learned counsel for the petitioner has submitted that the husband of the deceased victim lady, namely, Ravi Kumar, is in the process of surrendering before the learned court below, hence the petitioner be granted the privilege of anticipatory bail, subject to surrender of the

3/4 husband of the deceased victim lady.

Per contra, the learned APP for the State, Mr. Rajeev Nayan, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady is in the process of surrendering before the Ld. Court below and the petitioner is the married sister-in-law of the deceased victim lady, living separately, I deem it fit and proper to direct for grant of anticipatory bail to the petitioner herein, subject to her producing the proof of surrender of the husband of the deceased victim lady, before the learned Court of ACJM-IX, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 149 of 2020 as also subject to such other conditions, as may be deemed fit

4/4 and proper to be imposed by the learned court below for the purposes of grant of anticipatory bail to the petitioner herein.

The present petition stands disposed of on the aforesaid terms.

Ajay/- (Mohit Kumar Shah, J) U