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Patna High CourtCR. MISC./56300/2017bail granted

Dipali Devi v. The State Of Bihar

2018-01-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56300 of 2017 Arising Out of PS.Case No. -176 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Dipali Devi, Wife of Rajendra Singh, Resident of Village- Bimwa, Police Station- Jagdishpur, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Pratap Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard the learned Sr. counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jagdishpur PS case no. 176 of 2017 registered for the offences punishable under Sections 304(B), 201/34 of Indian Penal Code and 3/4 of Dowry Prohibition Act.

The allegation against the accused persons is regarding causing dowry death of the sister of the informant. The learned Sr. counsel for the petitioner submits that the husband of the victim is already in custody hence, there is no need of sending the mother-in-law in custody. It is further submitted that the petitioner herein has to look after her grand-son and therefore, it would not be in the interest of justice to put her behind bars and if the petitioner is granted anticipatory bail, it would not cause any prejudice

Patna High Court Cr.Misc. No.56300 of 2017 (3) dt.04-01-2018 2/2 to the prosecution.

Considering the facts and circumstances of the case as also the fact that accused persons especially the husband of the victim girl is behind bars, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-XI, Bhojpur at Ara in connection with Jagdishpur PS case no. 176 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T