Gunja Devi @ Gnunja Devi @ Gudiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59810 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- GURARU District- Gaya ====================================================== GUNJA DEVI @ GNUNJA DEVI @ GUDIYA DEVI W/O Ranjit Paswan Resident of Village- Mirdadpur, P.S.- Guraru, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Informant :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 498(A) and 304(B) of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the daughter of the informant by administering poison due to non fulfillment of dowry.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is

Patna High Court CR. MISC. No.59810 of 2022(3) dt.04-02-2023 2/3 general and omnibus allegation against the petitioner. The petitioner is a lady. There is no specific overt act against the petitioner. The petitioner is the Gotani of the deceased and she has no concerned regarding family affairs of the husband of the deceased. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances as well the fact that allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Guraru P.S. Case No. 32 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with following condition-:

1. The court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the

Patna High Court CR. MISC. No.59810 of 2022(3) dt.04-02-2023 3/3 petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T