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Patna High CourtCR. MISC./60021/2022allowed

Arti Devi v. The State Of Bihar

2023-01-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60021 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- KOILWAR District- Bhojpur ====================================================== ARTI DEVI Wife of Late Bhupendra Singh R/v- Gidha, P.S.- Gidha, O.P.- Koilwar, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard both sides.

The petitioner apprehends her arrest in connection with Koilwar (Gidha O.P.) P.S. Case No.175 of 2022, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

All the FIR named accused persons including this petitioner,on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is the mother-

Patna High Court CR. MISC. No.60021 of 2022(2) dt.09-01-2023 2/2 in-law of the deceased. It is submitted that no specific overt act is alleged against the petitioner. It is also submitted that the husband of the deceased is already in judicial custody. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts aforesaid, let 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 enlarged 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 learned C.J.M., Ara (Bhojpur) in connection with Koilwar (Gidha O.P.) P.S. Case No.175 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T