Lata Devi @ Premlata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82229 of 2023 Arising Out of PS. Case No.-223 Year-2018 Thana- SISWAN District- Siwan ====================================================== LATA DEVI @ PREMLATA DEVI W/o Vijay Singh @ Vijay Kumar Singh R/o vill - Bakhari Nowalpur, P.S. - Siswan, distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maheshwar Prasad For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2024 Heard the parties.

2.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 328, 304B, 34 of the Indian Penal Code.

3.

As per the FIR, the sister of the informant has been alleged to be killed by the FIR named accused persons including the petitioner due to non-fulfillment of demand of dowry. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the sister-in-law of the deceased and there is no specific overt act against her. He further

Patna High Court CR. MISC. No.82229 of 2023(5) dt.20-09-2024 2/2 submitted that co-accused Vijay Kumar Singh, the brother-inlaw of the deceased has been granted anticipatory bail by this Court in Cr. Misc. No.81948 of 2023 on 03.04.2024 and the husband of the deceased has been granted regular bail by a coordinate Bench of this Court in Cr. Misc. No.30953 of 2021 on 13.12.2021. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Siswan P.S. Case No.223 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T