Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69116 of 2022 Arising Out of PS. Case No.-273 Year-2022 Thana- DESARI District- Vaishali ====================================================== Anita Devi Wife of Adalat Paswan R/O Village- Chakyaj, P.S.- Desari, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Desari (Sahdei O.P.) P.S. Case No. 273 of 2022 registered for the offence under Section 304B/34 of the I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 14.07.2022.

The allegation against the petitioner is to cause death of the daughter of the informant, along with other family members/coaccused persons due to non-fulfilment of demand of dowry, as raised for Rs. 5,00,000/- (Five lakh) in cash.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law and living separately much

Patna High Court CR. MISC. No.69116 of 2022(2) dt.24-12-2022 2/2 prior to this occurrence with family of deceased and her husband and also having no connection with their daily domestic affairs. It is further submitted that petitioner implicated in this case only for the reason that she is mother-in-law of the deceased. It is also submitted that thrust of allegation is against the husband of the deceased, as regard to demand of dowry. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is mother-in-law living separately with deceased and her family coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Desari (Sahdei O.P.) P.S. Case No. 273 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IX, Vaishali at Hajipur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T