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Patna High CourtCR. MISC./9504/2021bail granted

Milu Devi @ Nilu Devi v. The State Of Bihar

2022-01-27Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9504 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- MAHILA P.S. District- Patna ====================================================== MILU DEVI @ NILU DEVI W/o Chaitu Yadav Resident of Village/ MuhallaAjimchak, P.s.- Gurichak, Distt- Patna. At present Muhalla- Iron Bridge Bigaltoli, P.S.- Mehendiganj, Distt- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Pushpa Kumari, wife of Ranjan Rai daughter of Kapil Prasad, Resident of village-Sairiya barhi Tola, P.S. Gopalpur, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramji Kumar For the Opposite Party/s :

Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends her arrest in connection with Mahila P.S. Case No. 100/2020 registered for the offences punishable under Sections 498(a)/504/506/34 of the Indian Penal Code.

Petitioner is the 70 years old mother-in-law of the alleged victim and there are general and omnibus allegations against her also.

However, learned Advocate appearing on behalf of the informant has vehemently opposed the bail application.

Patna High Court CR. MISC. No.9504 of 2021(3) dt.27-01-2022 2/3 Considering the fact that petitioner is a 70 years old mother-in-law of the alleged victim and taking into consideration the fact that general and omnibus allegations have been levelled against her, the prayer for grant of anticipatory bail of the petitioner is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna, in connection with Mahila P.S. Case No. 100/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Learned counsel for the informant has submitted that the local police is helping the main accused i.e., the husband of the informant, namely, Ranjan Ray and they have not taken any step for arresting him in furtherance of this investigation. The officer-in-charge of the Mahila police station, Patna City, is directed to conclude the investigation within the next three months and he will be free to decide whether custodial interrogation of the husband of the informant is required during investigation or not.

Patna High Court CR. MISC. No.9504 of 2021(3) dt.27-01-2022 3/3 Mr. Narsingh Tanti, learned Additional Public Prosecutor, is directed to communicate this order to S.H.O., Mahila Police Station, Patna City, Patna on phone/whatsApp. With the above directions and observations, this application is allowed.

(Sandeep Kumar, J) Saif/-Anand Kr.

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