Mostt. Mahalakshmi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49034 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Mostt. Mahalakshmi Devi Wife Of Late Shankar Yadav R/O-Gogri Kundi, P.S.-GOGRI, Distt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
3. As prosecution case, the allegation against the petitioner is that she had participated in the murder of the informant's daughter.
4. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Petitioner has got no criminal antecedent. Petitioner is the mother-in-law of the deceased. He further submits that the husband of the deceased had surrendered today in the court
Patna High Court CR. MISC. No.49034 of 2023(5) dt.16-10-2023 2/2 below.
5. Learned APP for the State and learned counsel for the informant opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and also considering the fact that the husband of the deceased had surrendered in the court below today, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Gogri P.S. Case No. 134 of 2023, G.R. No. 1197/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
7. The court below will verify this fact that whether the husband of the deceased had surrendered before the court below or not, if surrendered, then only the bail bond of the petitioner shall be accepted.
(Anjani Kumar Sharan, J) Ranjeet/- U T