Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40581 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- MALSALAMI District- Patna ====================================================== MANJU DEVI WIFE OF SHIV NANADAN MAHTO RESIDENCE OF MOHALLA- BARI NAGALA (PATNA CITY), P.S.- MALSALAMI, DISTRICT- PATNA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Malsalami P.S. Case no. 143 of 2020 instituted for the offence under Sections 304B and 34 of the Indian Penal Code. The allegation against he petitioner is that she along with other co-accused persons committed dowry death of the informant's daughter due to non-fulfillment of dowry by way of Rs. 50,000/- and one motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.40581 of 2020(4) dt.06-12-2021 2/2 implicated in this case. Petitioner is living separately at a rented house at Danapur with her elder son, namely, Suraj Kumar since last three years from the date of occurrence. In support of her contention, petitioner has annexed the electricity bill and a document written by her landlord namely, Sudeshwar Prasad, which are Annexure 3 and 4 to the supplementary affidavit. Petitioner is not named in the FIR. She has no concern with the alleged incident.

Learned APP has apposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Malsalami P.S. Case no. 143 of 2020, he will be enlarged on 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 Additional Chief Judicial Magistrate-IV, Patna City subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U