Bansi Devi @ Anchhi Devi @ Banshi Devi @ Andhi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77732 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- BARAHAT District- Banka ====================================================== Bansi Devi @ Anchhi Devi @ Banshi Devi @ Andhi Devi wife of Tarni Rai Village- Mohanpur Ps- Barahat Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dhananjay Kumar Pandey, Advocate For the State :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barahat P.S. Case No. 115 of 2023 instituted for the offence under Sections 304(B), 302, 34 of the Indian Penal Code. 3.

It is alleged that the marriage of the daughter of the informant was solemnized six years ago with the son of the petitioner. From the said wedlock, two children were born, however, soon after the marriage the daughter of the informant was subjected to demand of dowry and on account of nonfulfillment of the same, she was done to death by all the accused persons.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.77732 of 2023(2) dt.05-12-2023 2/3 that the petitioner is in custody since 28-05-2023. Petitioner bears no criminal antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation levelled against the petitioner. There is general and omnibus allegation. Petitioner is mother-in-law. Father-in-law has been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 29-11-2023 passed in Cr. Misc. No. 76175 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barahat P.S. Case No. 115 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.77732 of 2023(2) dt.05-12-2023 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T