Vimla Yadav @ Bimla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53950 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== 1.

VIMLA YADAV @ BIMLA DEVI Wife of Lakhan Yadav Resident of Village-Ghorbanki Tole, Balat, P.S.-Basopatti, District-Madhubani. 2.

Dharmnath Yadav @ Dharamvir Yadav @ Kari Yadav @ Dharmnath Kumar Yadav Son of Lakhan Yadav @ Ram Lakhan Yadav Resident of VillageGhorbanki Tole, Balat, P.S.-Basopatti, District-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Basopatti P.S. Case No. 101 of 2019 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Prosecution case is dowry death and petitioners happen to be mother-in-law and Dewar of the deceased. Submission of learned counsel for the petitioners is that no specific allegation has been attributed against them and though there is allegation that she was strangulated but as a matter of fact she committed suicide. However, learned counsel has fairly conceded that prayer for anticipatory bail of father-inlaw has already been rejected by a co-ordinate Bench of this Court and petitioner No.1 is lady aged 50 years and she is ready

Patna High Court CR. MISC. No.53950 of 2019(2) dt.28-08-2019 2/2 to co-operate in the investigation.

Heard learned APP also.

In view of above facts and circumstances, let petitioner No.1, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Madhubani, in connection with Basopatti P.S. Case No. 101 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner No.2 is concerned, I am not inclined to grant him the privilege of anticipatory bail. He may surrender and pray for regular bail, which shall be considered on its own merit.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T