Anarkali Devi @ Anarkali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66307 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Anarkali Devi @ Anarkali W/O Jokhu Mahto R/O Vill - Matihaniya Salehpur, P.S. - Bishambharpur, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adarsh Ranjan, Advocate Mr. Pritish Ranjan, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bishambharpur P.S. Case No. 59 of 2023, lodged on 12.04.2023, under Sections 304B/201/34 of the I.P.C. and Sections 3/4 of the D.P. Act.
3. As per the prosecution case, the FIR has been lodged against three named accused persons. It has been alleged in the FIR by the informant that her daughter was killed for dowry by the accused persons including the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner is mother-in-law and the husband is
Patna High Court CR. MISC. No.66307 of 2023(2) dt.16-10-2023 2/3 already in custody in this case. Counsel submits that the antecedent of the petitioner is clean. She is in custody since 13.04.2023. She has nothing to do with the said episode as the cause of death is due to result of the dispute between husband and wife.
5. Learned counsel for the State submits that it is a case under Section 304B of the Indian Penal Code. The petitioner is mother-in-law and husband of the deceased is in custody.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Gopalganj, in connection with Bishambharpur P.S. Case No.59/2023, subject to the following conditions:
(i) one of the bailors should be the family member of the petitioner who shall provide official document to show her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail
Patna High Court CR. MISC. No.66307 of 2023(2) dt.16-10-2023 3/3 bonds by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T