Deepa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72701 of 2022 Arising Out of PS. Case No.-429 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== DEEPA KUMARI D/o Mithilesh Singh R/o- Laxmipur, P.O.- Sinhaghat, P.S.- Barahara (Sinha O.P.), District- Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Jee Mishra, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2023 Heard the learned 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 Barhara (Sinha O.P.) PS case no. 429 of 2019, registered for the offences punishable under Section 304 (B) of the Indian Penal Code.
The allegation is regarding the accused persons including the petitioner herein, who is the sister-in-law of the deceased victim lady, having killed the deceased victim lady on account of non-fulfilment of the demand for dowry. The learned counsel for the petitioner submits that petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the accusation levelled by the informant would show that the petitioner is not having
Patna High Court CR. MISC. No.72701 of 2022(2) dt.16-05-2023 2/3 any complicity in the matter and she is not involved in killing of the deceased victim lady. It is also submitted that similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Benches of this Court vide orders dated 21.03.2023 passed in Cr. Misc. no. 72766 of 2022, the one dated 28.03.2023 passed in Cr. Misc. no. 71174 of 2022 and the one date 03.04.2023 passed in Cr. Misc. no. 66713 of 2022.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is sister-inlaw of the deceased victim lady, while the husband of the deceased victim lady, who is the main accused, is already in custody and similarly situated co-accused persons have already been granted the privilege of anticipatory bail, as aforesaid, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.
Accordingly, the abovenamed petitioner, in the event of her arrest or surrender before the court below within a period
Patna High Court CR. MISC. No.72701 of 2022(2) dt.16-05-2023 3/3 of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Sinha O.P.) PS case no. 429 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T