Phulmanti Devi @ Punkali Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62936 of 2017 Arising Out of PS.Case No. -136 Year- 2015 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Phulmanti Devi @ Punkali Kuar Wife of Prabhu Singh Resident of VillageBishambharpur, P.S. Kalyanpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Kalyanpur PS case no. 136 of 2015 registered for the offences punishable under Section 304B/34 of the Indian Penal Code. The allegation is regarding the accused persons pouring kerosene oil on the body of the deceased lady and burning her on account of non-fulfillment of demand of dowry. The learned counsel for the petitioner submits that the marriage of the deceased had taken place eight years back and as far as the petitioner is concerned, who is the mother-in-law, no specific allegation of any sort of overt act has been levelled against her. It is further submitted that the husband has already

Patna High Court Cr.Misc. No.62936 of 2017 (2) dt.16-01-2018 2/2 been enlarged on regular bail by an order dated 7.4.2016 passed by this Court in Cr. Misc. No. 3802 of 2016.

Having regard to the facts and circumstances of the case, more particularly the fact that the husband of the deceased lady has already been granted bail, I deem it fit and proper to enlarge the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender within six weeks before the concerned court, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 10th Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalyanpur PS case no. 136 of 2015, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/- U T