Fulo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13194 of 2017 Arising Out of PS.Case No. -112 Year- 2014 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Fulo Devi, Wife of Hareram Mandal, Resident of Village- Pahadpur, P.S.- Medni Chowki, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-03-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends her arrest in connection with Surajgarha (Manikpur) P.S. Case No. 112 of 2014 instituted for the offences punishable under Sections 304-B/34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act.

The counsel for the petitioner submitted that the petitioner is married Nanad of the deceased, who resides at the place of her husband. She had no concern with the affairs of the deceased. The allegation of torture in connection with demand of dowry is omnibus. It has further been submitted that the police, after investigation finding no clue, have submitted Final

Patna High Court Cr.Misc. No.13194 of 2017 (2) dt.22-03-2017 2/3 Form against this petitioner, but subsequently, the court below without any material has taken cognizance against all the F.I.R. named accused persons. The husband of the deceased has been allowed bail vide order dated 21.12.2016 passed in Criminal Miscellaneous No. 25545 of 2016. The father-in-law and mother-in-law of the deceased have also been allowed bail vide order 05.02.2015 passed in Criminal Miscellaneous No. 4017 of 2015 by a coordinate Bench of this Court, observing that in course of investigation some of the witnesses stated that the deceased had sustained burn injury accidentally. The learned APP, on the other hand, opposed the submission.

Considering the aforesaid facts and circumstances and the fact that co-accused have been allowed bail, the anticipatory bail application of this petitioner is allowed. The petitioner, above named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha (Manikpur) P.S. Case No. 112 of 2014, subject to the condition as laid down under Section 438(2) of the Code of Criminal

Patna High Court Cr.Misc. No.13194 of 2017 (2) dt.22-03-2017 3/3 Procedure.

(Sanjay Kumar, J) ajaypd./- U T