Shikha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70232 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- DIGHWARA District- Saran ====================================================== Shikha Devi W/o Shailendra Baitha R/o vill - Basti Jalal, P.S. - Dighwara, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B), 201/34 of the Indian Penal Code.

3. Allegation against the accused persons including petitioner is that they have demanded one Apache motorcycle and cash as dowry from the informant's daughter. It is further alleged that they have mentally and physically tortured the informant's daughter and due to non-fulfillment of the same they killed her.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioner is sister-

Patna High Court CR. MISC. No.70232 of 2023(3) dt.31-01-2024 2/2 in-law (gotni) of the deceased and she has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Learned counsel for the petitioner has filed supplementary affidavit stating in para 4 that husband of the deceased has surrendered before the learned court below. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 Dighwara P.S. Case No. 107 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T