Prabha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5963 of 2021 Arising Out of PS. Case No.-154 Year-2017 Thana- KOTWA District- East Champaran ====================================================== Prabha Devi, aged about 55 years, Female, wife of Ramjanam Ray, resident of Village - Laxmanwa, P. S- Kotwa, Distt- East Champaran ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. M.K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Kotwa P.S. Case No.154 of 2017, registered for the offence under Sections 304-B/34 of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act. Earlier, the petitioner had moved before this Court for anticipatory bail but, the same has been rejected by this Court. This time, anticipatory bail has been filed taking plea that main accused namely, Sunil Yadav has been acquitted by the court below.
This Court had called for the entire records of the case. From perusal of the same, it appears that all the
Patna High Court CR. MISC. No.5963 of 2021(3) dt.17-02-2021 2/2 prosecution witnesses have been declared hostile as none of them has supported the prosecution case and accordingly, the main accused namely, Sunil Yadav has been acquitted. Looking to the aforesaid facts, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, East Champaran at Motihari, in connection with Kotwa P.S. Case No. 154 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) pawan/- U T