Bachi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53958 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Bachi Devi Wife Of Vidya Vinod Sharma Resident Of Village - Srichandpur, P.S. - Harnaut, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advoate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other accused persons are said to have committed murder of the daughter of the informant due to non-fulfillment of the dowry demand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.53958 of 2023(2) dt.31-08-2023 2/2 the petitioner is mother-in-law of the deceased and she is 70 years old. He further submits that there is no specific overt act against the petitioner. He also submits that the deceased died during the course of treatment in P.M.C.H.. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on 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 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Harnaut P.S. Case No. 05 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T