Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50401 of 2019 Arising Out of PS. Case No.-135 Year-2018 Thana- MAHUA District- Vaishali ====================================================== GIRJA DEVI W/o Khakhan Sah R/o Village- Mohanpur, P.S.- Mahua, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mahua PS case no. 135 of 2018 registered for the offences punishable under Section 304(B), 506/34 of Indian Penal Code.

The allegation is against the accused persons having conspired together to kill the daughter of the informant by pouring kerosene oil on her body and setting her on fire, on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner, who happens to be the mother-in-law of the deceased victim lady, submits that though the father-in-law of the deceased victim lady is in custody, however the son is still absconding, hence the mother-in-law i.e. the petitioner herein undertakes to ensure that

Patna High Court CR. MISC. No.50401 of 2019(4) dt.04-12-2019 2/2 her son surrenders and prays that only after her son surrenders, the petitioner be granted the privilege of anticipatory bail/ regular bail. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct for release of the 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, 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 C.J.M., Vaishali at Hajipur in connection with Mahua PS case no. 135 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure with a further condition that the petitioner shall be granted the privilege of anticipatory bail only after she produces the surrender certificate of her son before the learned court below. The present bail petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T