Mosmat Manni Devi @ Manni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8826 of 2021 Arising Out of PS. Case No.-104 Year-2020 Thana- MARANCHI District- Patna ====================================================== MOSMAT MANNI DEVI @ MANNI DEVI Wife of Late Sudhir Mahto Resident of Village- Rajesh Nager, Maranchi, P.S.- Maranchi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-11-2021 Heard the learned counsel for the petitioner and Sri Fahimuddin, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Maranchi PS case no. 104 of 2020 registered for the offences punishable under Sections 328, 304(B), 201/34 of Indian Penal Code and 3/4 of Dowry Prohibition Act. The allegation is regarding the accused persons having administered poison to the deceased victim girl and killed her on account of non-fulfilment of the demand for dowry.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that

Patna High Court CR. MISC. No.8826 of 2021(2) dt.26-11-2021 2/3 the petitioner is the mother-in-law of the deceased victim lady and the main accused, who is the husband of the deceased victim lady, has already been granted regular bail by a coordinate Bench of this Court after remaining in custody for about one year, hence there is no impediment in grant of bail to the petitioner herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the husband of the deceased victim lady has already been granted regular bail by a co-ordinate Bench of this Court, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Barh, Patna in connection with Maranchi PS case

Patna High Court CR. MISC. No.8826 of 2021(2) dt.26-11-2021 3/3 no. 104 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T