Jaimala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7310 of 2021 Arising Out of PS. Case No.-250 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== JAIMALA DEVI W/O PUNIT PASWAN Resident Of Village - Sahtha, P. S. - Bhagwanpur, District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bhagwanpur P.S. Case No. 250 of 2019 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. The accused persons are alleged to have killed the deceased victim lady on account of nonfulfilment of the demand for dowry. The learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased victim lady and a general and omnibus allegation has been levelled against her whereas

Patna High Court CR. MISC. No.7310 of 2021(2) dt.23-11-2021 2/3 the main accused, who is the husband of the deceased victim lady, has already surrendered before the learned court below and is behind bars. It is further submitted that as far as the petitioner is concerned, she is innocent, she has been falsely implicated in the present case and she is having a clean antecedent.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the fact that the main accused, who is the husband of the deceased victim lady, is behind bars and a general and omnibus allegation has been levelled against the petitioner, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a

Patna High Court CR. MISC. No.7310 of 2021(2) dt.23-11-2021 3/3 period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur in connection with Bhagwanpur P.S.Case No. 250 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T