Chameli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62809 of 2023 Arising Out of PS. Case No.-150 Year-2020 Thana- CHAKAI District- Jamui ====================================================== Chameli Devi Wife Of Suresh Yadav Village -Kauriya, Ps- Chakai, DistrictJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto, Adv.

For the Opposite Party/s :

Mr.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case in connection with Chakai P.S. Case No. 150 of 2020 dated 17.08.2020 registered for the offence/s punishable u/ss 326(A) and 120B read with section 34 of the Indian Penal Code and 3⁄4 of the DP Act and later on added section 304B of the IPC.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have assaulted and burnt the informant to death due to non-fulfillment of demand of Rs. 5,00,000/- and a motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the gotni (sister-in-law) of the deceased

Patna High Court CR. MISC. No.62809 of 2023(4) dt.28-06-2024 2/2 (informant). The petitioner neither demanded any dowry nor tortured the deceased (informant). There is general and omnibus allegation against the petitioner. The specific allegation is against her Bhaisur, Suresh Yadav. The co-accused person has already been granted anticipatory bail by this court vide order dated 22.02.2024 passed in Cr. Misc. No. 51404 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on 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, Jamui in connection with Chakai P.S. Case No. 150 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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