Patna High CourtCR. MISC./47070/2023bail granted

Bhawani Devi v. The State Of Bihar

2023-09-06Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47070 of 2023 Arising Out of PS. Case No.-157 Year-2021 Thana- PURAINI District- Madhepura ====================================================== BHAWANI DEVI, aged about 28 years, female, WIFE OF SRI ASHISH SHARMA RESIDENT OF VILLAGE - BISHWARI, WARD NO.1, P.S. - GWALPARA, DISTRICT - MADHEPURA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Anand, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-09-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends her arrest in connection with Puraini P.S. Case No. 157 of 2021 dated 02.10.2021 registered for the offence(s) punishable under Section(s) 304(B), 201, 34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that petitioner is married sister of the husband of the deceased and husband of the deceased is in jail, against the petitioner, the investigation has been completed and the petitioner and two accused persons have been chargesheeted mainly on suspicion and in the FIR, there is no specific allegation against the petitioner with regard to alleged dowry

Patna High Court CR. MISC. No.47070 of 2023(2) dt.06-09-2023 2/2 demand and cruelty.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the investigation has been completed against the petitioner and she is stated to be married sister of the husband of the deceased and in the FIR, the main allegation is against the husband of the deceased who is in jail, in my opinion, in the said circumstances, petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of her arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Puraini P.S. Case No. 157 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Sanjay/- U T