Dhanwan Devi @ Dhani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52071 of 2018 Arising Out of PS. Case No.-200 Year-2017 Thana- IMAMGANJ District- Gaya ====================================================== Dhanwan Devi @ Dhani Devi W/o Dina Yadav, R/o Vill.- Alinagar, P.S.- Imamganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 498A, 304B, 201 and 120B of the Indian Penal Code. Allegation against the petitioner is of committing torture, assault and thereafter caused death of the victim due to nonfulfilment 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 is mother-in-law of the victim. She has falsely been implicated in the present case due to petty family dispute. She is separate in mess and property from the husband of the deceased. She has been made accused due to mistake of fact. In course of investigation in paragraph 12 of the case diary, it has come that the deceased had

Patna High Court Cr.Misc. No.52071 of 2018(2) dt.25-09-2018 2/2 fallen ill and while she was being taken to hospital for treatment, she died on the way. The alleged occurrence is said to have taken place on 7.8.2017 and the complaint case was instituted on 23.9.2017. The said complaint case, later on, was instituted as an F.I.R. under Section 156(3) of the Cr.P.C. Delay in instituting the case has not been explained by the prosecution. Other co-accused has been granted vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri G.N. Dubey, Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Imamganj P.S. Case No. 200/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T