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Patna High CourtCR. MISC./46278/2022bail granted

Poonam Devi v. The State Of Bihar

2023-01-02Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46278 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- DANDARI District- Begusarai ====================================================== POONAM DEVI W/o Sri Ranjeet Kumar Resident of Village - Dandari, P.S.- Dandari, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends her arrest in connection with Dandari P.S. Case No.47 of 2022 instituted under Sections 304(B) and 34 of the Indian Penal Code.

As per the prosecution story, the informant has alleged that her daughter was married to Sujeet Kumar Chaudhary but she was regularly harassed for dowry by him as also his brother and Bhabhi (the petitioner herein). She has alleged that for the same she was killed.

Learned counsel for the petitioner submits that the lady is the 'Gotani' and has been falsely implicated as they were not residing with the couple living separately and had no connection with the internal affairs between them. Learned APP on the other hand opposes the prayer for

Patna High Court CR. MISC. No.46278 of 2022(2) dt.02-01-2023 2/2 anticipatory bail stating that the lady has been killed for dowry and as such she does not deserve bail.

Taking into account the fact that the petitioner is a lady, has no criminal antecedent, as per the statement made, she was living separately from the couple, this Court is inclined to grant her relief.

Let the petitioner be released on bail, in the event of her arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Dandari P.S. Case No.47 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, Vth, Begusarai, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T