Patna High CourtCR. MISC./48056/2023bail granted

Uma Devi v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48056 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== UMA DEVI Wife of Dhuri Sah Resident of Village-Khairwa Chaubey Tola, P.S.-Malahi, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends her arrest in a case registered for the offence punishable under Section 498A, 120B, 304B/34 of the Indian Penal Code.

3. It is a case of dowry death.

4. Petitioner is mother-in-law of the deceased.

5. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that thrust of accusation is against the husband of the deceased, who is in custody and so far this petitioner is concerned, allegation is general and omnibus. Petitioner is separate from the deceased in mess and property. Petitioner has got clean antecedent.

6. Learned counsel appearing for the State opposes

Patna High Court CR. MISC. No.48056 of 2023(2) dt.22-08-2023 2/2 the prayer for anticipatory bail.

7. Considering the facts of the case and clean antecedent of the petitioner, let the petitioner, above named, in the event of her arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-XI, East Champaran, Motihari in connection with Paharpur (Malahi) PS case No. 104/ 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T