Madhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78341 of 2023 Arising Out of PS. Case No.-483 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Madhu Devi W/O Lal Babu Singh Village- Bishanpur Bela, Ps.Mahua, Dist. Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Mahua P.S. Case No. 483 of 2023 dated 22.07.2023 registered for the offence/s punishable u/s 302, 201 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have burnt the informant's daughter to death due to non-fulfillment of demand of Rs. 2 lacs and vehicle as dowry.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is named in the FIR. There is general and omnibus

Patna High Court CR. MISC. No.78341 of 2023(2) dt.16-01-2024 2/2 allegation against the petitioner. The petitioner has no criminal antecedent as stated at para 3 of the bail petition and there is no chance of absconding or tampering of evidence by the petitioner. The husband of the deceased is already in custody. The petitioner is a lady and she never demanded any kind of dowry and nor tortured her. The petitioner is the mother in law of the deceased.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. 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 her 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, Judicial Magistrate- 1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No. 483 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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