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Patna High CourtCR. MISC./66257/2022allowed

Munni Devi v. The State Of Bihar

2023-01-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66257 of 2022 Arising Out of PS. Case No.-260 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== MUNNI DEVI W/o Rajendra Sahni R/v- Belsandi Tara, Tola- Fulwariya, Ward No. 05, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. Allegedly, sister of informant is said to have been killed by the F.I.R. named accused persons including the petitioner for non-fulfillment of demand of dowry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the mother-in-law of the deceased and husband of the deceased is already in judicial

Patna High Court CR. MISC. No.66257 of 2022(3) dt.24-01-2023 2/2 custody. She has never made any dowry demand. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since husband of deceased is already in custody, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bibhutipur P.S. Case No.260/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T