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Patna High CourtCR. MISC./40913/2020bail granted

Sakunti Devi v. The State Of Bihar

2021-11-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40913 of 2020 Arising Out of PS. Case No.-157 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== SAKUNTI DEVI WIFE OF NARESH JAMADAR RESIDENT OF VILLAGE- BHADRARU BIGHA, P.S.- NAGARNAUSA, DISTRICTNALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Nagarnausa PS case no. 157 of 2019 registered for the offences punishable under Section 304B/34 of Indian Penal Code.

The allegation is regarding the accused persons having administered poison to the deceased victim lady and killed her on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is the mother-in-law of the deceased victim lady, is innocent, has been falsely implicated in

Patna High Court CR. MISC. No.40913 of 2020(2) dt.22-11-2021 2/3 the present case and is having a clean antecedent. It is further submitted that the husband has already been granted bail by the Juvenile Justice Board on account of compromise having been arrived at amongst the parties.

Per contra, the learned APP for the State has vehemently opposed the prayer of bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the husband of the deceased victim lady has already been granted bail and moreover, a general and omnibus allegation has been levelled against the petitioner, who is the mother-in-law of the deceased victim lady, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Hilsa in connection with Nagarnausa PS case no. 157 of 2019 subject to

Patna High Court CR. MISC. No.40913 of 2020(2) dt.22-11-2021 3/3 the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T