Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1874 of 2022 Arising Out of PS. Case No.-163 Year-2019 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== INDU DEVI W/o Jitan Mandal @ Jitendra Mandal Resident of Village- Ram Nagar mankatha, P.S. and District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rail Kiul P.S. Case no. 163 of 2019 instituted for the offence under Sections 302, 120(B), 498(A) and 201 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with her family members have tortured in various ways to the daughter of the informant due to non-fulfillment dowry demand of Rs. One Lac and ultimately they killed her and throw her dead body on railway track.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is sister-in-law of the deceased.

Patna High Court CR. MISC. No.1874 of 2022(2) dt.13-06-2022 2/3 She has been falsely implicated in this case. She had never demanded any thing from the deceased. She has no concern with the daily activity of the deceased and her husband. She is living separately. There is no direct allegation of dowry death against the petitioner. Husband is languishing in judicial custody. It is further submitted that while the deceased was catching train on 4.3.2019, she fell down between the railway tracks and died and in this connection a U.D. Case No. 08 of 2019 has been lodged on 5.3.2019 by Rail Thana Kiul. Occurrence took place on 4.3.2019 and the present complaint has been lodged after a delay of about six months on 8.9.2019, which itself falsifies the whole prosecution story. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rail Kiul P.S. Case no. 163 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.1874 of 2022(2) dt.13-06-2022 3/3 to the satisfaction of learned R.J.M., Kiul subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U