Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72062 of 2023 Arising Out of PS. Case No.-184 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Babita Devi Wife Of Shailesh Singh @ Shailesh Kumar R/O Village- Chesi, P.S.- Naubatpur, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 304B and 201/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner along with other co-accused persons is said to have killed the daughter of the informant on non-fulfillment of the demand of dowry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is the mother in law of the deceased. He submits at bar that husband of the deceased is already in judicial custody. He further submits that there is no specific overt act against the petitioner. He submits that

Patna High Court CR. MISC. No.72062 of 2023(2) dt.29-11-2023 2/2 petitioner has got no criminal antecedent as stated in para-3 of the bail application.

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

6. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Naubatpur P.S. Case No.184 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned Trial Court is directed to verify whether the husband of the deceased is in judicial custody or not. If it is found that the husband of the deceased is not in judicial custody, the bail bond of the petitioner shall not be accepted by the learned Court below.

(Anjani Kumar Sharan, J) ajay/- U T