Amiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58226 of 2021 Arising Out of PS. Case No.-316 Year-2018 Thana- JHAJHA District- Jamui ====================================================== AMIYA DEVI W/o Mahtura Yadav Resident of Village - Nauakura, P.s.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending her arrest in a case registered under Sections 304(B), 302, 120(B), 201, 498(A) and 34 of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act. Allegation is that the accused persons including the petitioner caused death of the daughter and two grand daughters of the informant due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The petitioner is the motherin-law of the deceased. She is separate in mess and property from the

Patna High Court CR. MISC. No.58226 of 2021(2) dt.08-04-2022 2/2 husband of the deceased. The petitioner has got no concern with the alleged occurrence. From perusal of the order of the Sessions Court, it appears that the witnesses examined during course of investigation in paragraph Nos.8, 9, 11, 21 and 30 of the case diary have stated that the daughter of the informant took her two daughters with her on railway track and committed suicide.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. case No.316/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T