Manmatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80537 of 2023 Arising Out of PS. Case No.-85 Year-2020 Thana- KHIRI MORE District- Patna ====================================================== MANMATIYA DEVI WIFE OF RAMESH YADAV R/O VILLAGETARANPUR, KHANPURA, P.S.- PALIGANJ, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantam Shivam, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in Khirimore P.S. Case No. 85 of 2020 registered for the offences punishable under Sections 304(B), 328, 201, 120(B), 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter and natini of the informant by administering poison.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She is mother-in-law of the deceased. She has been falsely

Patna High Court CR. MISC. No.80537 of 2023(2) dt.18-12-2023 2/3 implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. She has no concern with daily affairs of the deceased Rubi Devi and her husband. It is further submitted that co-accused Ramesh Yadav and Paran Yadav @ Navlesh Yadav, who are father-in-law and husband of the deceased Rubi Devi, respectively, have been acquitted from the charges of this case by the judgment dated 20.03.2023 passed in Sessions Trial No. 496 of 2021 and Sessions Trial No. 749 of 2021 as mentioned in Para 8 of the bail application. Petitioner has no criminal antecedent.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature. The bail application of father-in-law of the deceased Rubi Devi was dismissed as withdrawn as he had been apprehended by the police. It is further submitted that the petitioner has not surrendered before the learned Court below, hence she does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, as petitioner has not surrendered before the learned Court below, I am not inclined to enlarge the petitioner on bail. The prayer for

Patna High Court CR. MISC. No.80537 of 2023(2) dt.18-12-2023 3/3 bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order considering the fact that father-in-law and husband of the deceased Rubi Devi have already been acquitted by the Trial Court.

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