Umarawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16648 of 2016 Arising Out of P.S. Case No. -5 Year- 2014 Thana -MAHILA P.S. DistrictBHOJPUR =====================================

1. Umarawati Devi, wife of Bhanu Bind, Resident of Village: Alekhi Tola, P.S. Barahara, District Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s :Mr. Dharmesh Kr. Shrivastava For the Opposite Party/s:Mr. Amitesh Kumar(App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2016 The certified copy of the First Information Report of Bhojpur Mahila P.S. Case No.05 of 2014 has been filed on behalf of the petitioner. Let it be kept on record. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhojpur Mahila P.S. Case No.05 of 2014, disclosing offences under Sections 302, 120(B) and 201/34 of the Indian Penal Code.

The petitioner is a lady. She is wife of brother

Patna High Court Cr.Misc. No.16648 of 2016 (3) dt.22-06-2016 2/3 of the husband of the deceased. The deceased was married nearly 8 years before the date of institution of the FIR. There are allegations of demand of dowry and torture against the petitioner.

Learned counsel for the petitioner has submitted that the father of the deceased lodged a complaint case nearly 18 days after the date of occurrence. It has further been submitted that no specific role of the petitioner has been mentioned in the said complaint petition. Learned counsel for the petitioner contends that there is no chance that the petitioner will be fleeing away from the course of trial or investigation, if he is granted the privilege of anticipatory bail.

Considering the submission that the petitioner is a lady and there is no specific allegation against her, this application is allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Bhojpur Mahila P.S. Case No.05 of 2014, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.16648 of 2016 (3) dt.22-06-2016 3/3 This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T