Bijanti Devi @ Baijanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63152 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- AGIAON District- Bhojpur ====================================================== BIJANTI DEVI @ BAIJANTI DEVI W/o Ram Deyal Singh, Resident of Village- Bishambhara, P.S.- Agiaon Garahani, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Labh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State The petitioner apprehends her arrest in connection with Agiaon P.S. Case No. 88 of 2020 registered for offence punishable under sections 304(B), 201/34 of the Indian Penal Code. As per allegation, the marriage of the deceased Chandni Devi was solemnized with the son of the petitioner in the year 2016. The accused persons, including the petitioner, who is mother-in-law of the deceased, subjected her to cruelty for nonfulfillment of a golden chain and Rs.50,000/- cash. Though, it was not within the affording capacity of parents of the deceased, but anyhow it was fulfilled by them. Later on, the accused persons,

Patna High Court CR. MISC. No.63152 of 2021(2) dt.19-07-2022 2/2 including the petitioner demanded Rs.2,00,000/- cash and a Passion Pro motor cycle and when they expressed their inability to fulfill the demand they tortured her. On 05.06.2022, the informant came to know that the accused persons including the petitioner after committing murder of the deceased cremated her dead body stealthily.

The learned counsel for the petitioner has submitted that the petitioner is innocent. Co-accused Dinesh Kumar has been granted regular bail by the coordinate Bench of this Court. Considering the above-mentioned facts and circumstances, specially the fact that there is specific allegation against the petitioner, who is mother-in-law that she inflicted cruelty upon the deceased for non-fulfillment of dowry demand, I do not find it to be a fit case for anticipatory bail and accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T