Lalwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69506 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Lalwati Devi, Wife of Shiv Narayan Ray Resident of Village and P.O.- Fular, P.S.- Mahua, District- Vaishali.

2.

Punam Devi, Wife of Deepak Ray Resident of Village and P.O.- Fular, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Ranjan For the Opposite Party/s :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This is an application for grant of anticipatory bail in connection with Mahua P. S. Case No. 99 of 2019, disclosing offences under Sections 304B, 376 of IPC.

As per F.I.R. petitioner no.1 is said to be the motherin-law and petitioner no.2 is Gotini of the deceased and case is of dowry death. Allegation against the co-accused person, who is Bhaisur of the deceased that he has bad eye on the deceased and dead body was also found in half naked condition with several signs of wounds.

Submission of the learned counsel for the petitioners is that so far allegation of having bad eye on the deceased is on the Bhaisur of the deceased and not of these petitioners, who are

Patna High Court CR. MISC. No.69506 of 2019(3) dt.21-11-2019 2/2 ladies. Moreover, postmortem report does not show any injury over the person of the deceased and cause of death could not be ascertained.

Heard learned A.P.P. as well as learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground of considering the heinous nature of the offence. Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned C.J.M. Vaishali at Hajipur, in connection with Mahua P. S. Case No. 99 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that after release, they will appear before the I.O. and co-operate in the investigation.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T