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Patna High CourtCR. MISC./49242/2024bail granted

Sulekha Devi v. The State Of Bihar

2024-10-04Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49242 of 2024 Arising Out of PS. Case No.-384 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== 1.

Sulekha Devi W/O Lal Babu Sah R/O Village- Kali Bari, Tin Pokhariya, Infront Of Vaishno Mata Temple, P.S- Mithanpura, Distt.- Muzaffarpur. 2.

Archana Kumari @ Saraswati Kumari D/O Lal Babu Sah R/O Village- Kali Bari, Tin Pokhariya, Infront Of Vaishno Mata Temple, P.S- Mithanpura, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-10-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Mithanpura P.S. Case No. 384 of 2023 registered for offences under Sections 304B/34 of the Indian Penal Code.

3. As per the prosecution case, due to non-fulfillment of demand of dowry, the deceased has been killed by the petitioner and other co-accused persons.

4. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application filed on behalf of petitioner no. 01 namely Sulekha Devi.

5. Permission is accorded.

Patna High Court CR. MISC. No.49242 of 2024(3) dt.04-10-2024 2/3

6. Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 01 namely Sulekha Devi.

7. Learned counsel for the petitioners further submits that so far as petitioner no. 02 is concerned, she is the unmarried sister-in-law (Nanad) of the deceased and there is general and omnibus allegation against her.

8. Learned APP for the State has vehemently opposed the prayer for bail.

9. Considering the facts and circumstances of the case, this application for anticipatory bail is allowed with regard to petitioner no. 02 namely Archana Kumari @ Saraswati Kumari only.

10. Accordingly, let the petitioner no. 02 namely Archana Kumari @ Saraswati Kumari, (Above Named) in the event of her arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Muzaffarpur (East)/concerned court below in connection with Mithanpura P.S. Case No. 384 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.49242 of 2024(3) dt.04-10-2024 3/3

11. This application for anticipatory bail is partly allowed.

(Sandeep Kumar, J) Shishir/- U T