Dharmshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34077 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -ISHOPUR District- BHAGALPUR ======================================================

1. Dharmshila Devi, Wife of Sri Hari Narayan Singh, Resident of VillageMaheshpur, P.S.- Ishipur Barahat, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections-307, 498A of the Indian Penal Code in which, later on 304(B)/34of the Indian Penal Code was also added.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is mother-in-law of the deceased. She is

Patna High Court Cr.Misc. No.34077 of 2018 (2) dt.18-06-2018 separate in mess and property from husband of the deceased. The husband of the deceased is already in custody. The other coaccused has already been granted anticipatory bail vide Annexure2 to this petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhagalpur in connection with Ishipur/Barahat P.S. Case No. 23 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T