Chamelwa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56270 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- GURARU District- Gaya ====================================================== CHAMELWA DEVI WIFE OF CHANDRIKA PASWAN R/O VILLAGEMIRDAPUR, P.S.- GURARU, DISTT.- GAYA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Guraru P.S. Case No.32/2022 registered for the offence punishable under Section 498(A) and 304(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner being mother-in-law has been implicated in a case under section 304(B) of the Indian Penal Code read with other section. It is also submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the deceased was married to the son of petitioner on 01.05.2017 and the present case came to be instituted on 05.03.2022. It is thus submitted that in these five years no complaint or an F.I.R. came to be
Patna High Court CR. MISC. No.56270 of 2022(5) dt.15-02-2024 2/3 instituted either by the deceased or her parents against the petitioner with regard to alleging demand of dowry. It is next submitted that whenever any dispute arises in between the husband and the wife and the wife takes some extreme steps in that event the entire family members are implicated in a mechanical manner as has been done in the present case. It is also submitted that petitioner will not abscond rather will cooperate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Y.K.Shukla, learned J.M. 1st, Gaya in connection with Guraru P.S. Case No.32/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to his notice that the petitioner
Patna High Court CR. MISC. No.56270 of 2022(5) dt.15-02-2024 3/3 despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bond of the petitioner. (Satyavrat Verma, J) amit/- U T