Janakraji Devi @ Jankaraj Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74369 of 2022 Arising Out of PS. Case No.-224 Year-2022 Thana- CHAND District- Kaimur (Bhabua) ====================================================== JANAKRAJI DEVI @ JANKARAJ DEVI Wife of Ram Prabhaw Pandey R/V- Badheri, P.S- Chand Dist- Kaimur at Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Pandey, Adv.
For the Opposite Party/s :
Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 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 Chand P.S. Case No. 224 of 2022, registered for the offence punishable under Sections 304-B/34 of the Indian Penal Code.
It is alleged that the accused persons including the petitioner herein, who is stated to be the mother-in-law of the deceased victim lady, are stated to have killed the daughter of the informant on account of non-fulfillment of the demand for dowry.
The learned counsel for the petitioner submits that the petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. The learned
Patna High Court CR. MISC. No.74369 of 2022(2) dt.29-04-2023 2/3 counsel for the petitioner has further submitted that the fatherin-law and sister-in-law of the deceased lady have already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 13.3.2023, passed in Criminal Miscellaneous No. 69780 of 2022. It is also submitted that as far as the petitioner is concerned, she has not specifically been alleged to have engaged in any sort of specific overt act. 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 petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted the privilege of anticipatory bail, by a coordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two
Patna High Court CR. MISC. No.74369 of 2022(2) dt.29-04-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Kaimur at Bhabua in connection with Chand P.S.Case No. 224 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) Ajay/- U T