Somari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57837 of 2018 Arising Out of PS. Case No.-374 Year-2017 Thana- HILSA District- Nalanda ====================================================== Somari Devi, Wife of Raja Ram Bind, Resident of Village- Korawan, Police Station- Islampur, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Prasad, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-09-2018 Heard learned counsels for the petitioners and State. The petitioner being mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304(B), 201and 120(B)/34 of the IPC.

The prosecution case, as per Complaint Case no.169C of 2017 filed by Tiso Bind, which came to be registered as a police case after being transferred under Section 156(3) of the Cr. P.C., is to the effect that the marriage of the daughter of the informant, Runi Devi was performed with Niranjan Bind on 15.01.2017. Subsequently, further dowry demand of Rs.50,000/-

Patna High Court Cr.Misc. No.57837 of 2018(2) dt.20-09-2018 2/3 has been made and due to non fulfillment of the same, the daughter of the informant was killed.

It is submitted by the learned counsel for the petitioner that the accusation is omnibus and general in nature and thrust of accusation is against the husband of the victim. For the occurrence of 01.03.2017, complaint was filed on 06.04.2017. It has further been submitted that the sisters-in-law of the victim have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court by vide Criminal Misc. Nos. 62883 of 2017. Learned APP submits that the petitioner is named in the FIR.

Considering the fact that the petitioner is an old lady, thrust of accusation is against the husband of the victim and similarly situated accused persons have been granted the privilege of anticipatory bail, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa (Nalanda), in connection with Hilsa P.S. Case No.374 of 2017, subject to the condition as laid down under Section 438(2)

Patna High Court Cr.Misc. No.57837 of 2018(2) dt.20-09-2018 3/3 of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T