Jhaliya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75476 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Jhaliya Devi W/O Late Laxman Das Village- Gaura, P.O. Karnowl, Ps. Sahebganj, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Smita Kumari, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Sahebganj P.S. Case No. 152 of 2023 dated 14.04.2023 registered for the offence/s punishable u/s 304B read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused persons are alleged to have committed murder of the informant's daughter by hanging due to non-fulfillment of demand of an Apache motorcycle as dowry.

Patna High Court CR. MISC. No.75476 of 2023(2) dt.12-12-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is the mother-in-law of the deceased. The petitioner neither demanded any dowry nor tortured the deceased. There is general and omnibus allegation against the petitioner. The husband of the deceased is already in custody. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur in connection with Sahebganj P.S. Case No. 152 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T