Yashoda Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57739 of 2018 Arising Out of PS. Case No.-105 Year-2016 Thana- RIVILGANJ District- Saran ======================================================

1. Yashoda Devi, Wife of Late Kishun Yadav @ Kishundev Yadav,

2. Punam Kumari, Daughter of Late Kishun Yadav @ Kishundev Yadav, Both resident of Village- Mohabbat Parsa, P.S. Rivilganj, District- Saran at Chapra (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Counsel for the petitioners seeks permission of the Court to withdraw the application with respect to petitioner no. 1. Permission is accorded.

The application is dismissed as withdrawn so far as petitioner no. 1 is concerned.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner no. 2 is apprehending her arrest in a case registered under Sections 498A, 304(B), 34 of the Indian Penal Code.

Allegation against the accused persons including the petitioner is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.57739 of 2018(2) dt.17-09-2018 2/2 petitioner no. 2 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no.2. She has falsely been implicated in the present case due to petty family dispute. She is separate in mess and property from the husband of the deceased. The husband of the deceased has already been acquitted by the Trial Court vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 2, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -VIII, Saran at Chapra in connection with Rivilganj P.S. Case No. 105/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T