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Patna High CourtCR. MISC./58271/2024allowed

Shumanti Devi @ Shumanti Kumari v. The State Of Bihar

2024-08-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58271 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Shumanti Devi @ Shumanti Kumari Wife of Late Babalu Yadav, Resident of Village - Kishunpur, Police Station - Hulasganj, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Hulasganj P.S. Case No.26 of 2023 instituted under Sections 302, 201 and 34 of the Indian Penal Code.

3. As per prosecution case, the daughter of the informant was murdered by the accused persons including petitioner due to non-fulfillment of additional demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. The petitioner is a widow and she is living separately having no concern with the family affairs of the deceased and her husband. No specific allegation is attributed to the petitoner. It is further submitted that similarly

Patna High Court CR. MISC. No.58271 of 2024(2) dt.09-08-2024 2/2 situated co-accused person, namely, Ramji Yadav has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 21.03.2024 passed in Cr.Misc.No.7244 of 2024. The petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Hulasganj P.S. Case No.26 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T