Subhadra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64029 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- BIKRAM District- Patna ====================================================== SUBHADRA DEVI W/o Rangnath Sharma R/o Village- Padadiyawan, P.S.- Bikram, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi, Mrs. Prerna Rishi For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioner is apprehending her arrest in a case registered under Sections 304(B), 302/34 and 201 of the Indian Penal Code.
Allegation against the accused persons is of committing torture and assault and thereafter caused death of
Patna High Court CR. MISC. No.64029 of 2021(2) dt.24-01-2022 2/3 the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner happens to be mother-in-law of the deceased. She is separate in mess and property from the husband of the deceased. The husband of the deceased is in custody. The police after investigation had found the case to be false against the petitioner but the Court below had differed with the police report and taken cognizance against the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.64029 of 2021(2) dt.24-01-2022 3/3 Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bonds to the satisfaction of learned A.C.J.M. -VI, Danapur, Patna in connection with Bikram P.S. Case No. 303 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T