Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70438 of 2022 Arising Out of PS. Case No.-189 Year-2021 Thana- NAYA RAM NAGAR District- Munger ====================================================== Sunita Devi, Wife of Kishori Show R/V- Chintaman Mahton Tola, Singhiya, P.S- Naya Ram Nagar (Safia Sarai) Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Sah For the Opposite Party/s :

Mr.Bharat Bhushan, App, 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends her arrest in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No.189 of 2021 instituted under Sections 304(B)/34 of the IPC and under Section 3⁄4 of Dowry Prohibition Act.

As per the prosecution story, the informant has alleged that his daughter was married to Ravi Kumar @ Suraj Kumar in 2016 but was being tortured for dowry. The deceased lady was serving as Data Entry Operator in the Rail Police, Jamalpur. On the fateful day, the informant got knowledge that his daughter was serious and taken to the hospital but upon reaching there, he found her dead and due to suspicion, the present FIR has been lodged.

Learned counsel for the petitioner submits that it was

Patna High Court CR. MISC. No.70438 of 2022(2) dt.24-01-2023 2/2 simple illness followed by death which has been given the colour of dowry death. Further the lady is an old women, mother-in-law and living separately as the deceased was a working lady serving in Jamalpur. The last submission is that husband is in jail since 29.09.2022 as has come in paragraph 47 of the case diary.

Taking into account the aforesaid fact that the husband is in jail, the petitioner is a lady, has no criminal antecedent, is an aged person and ultimately will be facing the trial, this Court is inclined to grant her privilege of anticipatory bail.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Naya Ram Nagar (Safia Sarai) P.S. Case No.189 of 2021 to the satisfaction of learned A.C.J.M., Ist, Munger, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan /- U T