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Patna High CourtCR. MISC./48915/2023bail granted

Arhuliya Devi v. The State Of Bihar

2023-08-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48915 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Arhuliya Devi Wife Of Fuleshwar Chaupal, Resident Of Village- Nawtolia, P.S.- Ghanshyampur, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Ghanshyampur P. S. Case No. 209 of 2022 registered on 08.08.2022 for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

3. According to the prosecution, the F.I.R. has been lodged against four named accused in which it has been alleged that the accused persons had forcefully consummated poison to the Daughter of the informant, due to which she died.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that from the F.I.R., it transpires that this F.I.R. is not correct. He further submits that the husband and father-in-law of

Patna High Court CR. MISC. No.48915 of 2023(2) dt.11-08-2023 2/2 the deceased was arrested but subsequently granted regular bail. Counsel further submits that the allegation against the present petitioner, who is mother-in-law, is general and omnibous. Counsel further submits that antecedent of the petitioner is clean and she is ready to support in trial.

5. Learned APP for the State opposes the prayer for bail.

6. In the aforesaid facts and circumstances, let the above-named petitioner be released on anticipatory bail, in the event of her arrest or surrender before the learned Court below within 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist., Darbhanga in connection with Ghanshyampur P.S. Case No. 209 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) ravishankar/- U T