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Patna High CourtCR. MISC./4376/2024allowed

Pooja Kumari @ Puja Kumari v. The State Of Bihar

2024-02-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4376 of 2024 Arising Out of PS. Case No.-173 Year-2020 Thana- WARISNAGAR District- Samastipur ====================================================== Pooja Kumari @ Puja Kumari daughter of Mithilesh Mahto Village-Mannipur Sari Tola, P.S.-Waris Nagar, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 304B, 201, 34 of the Indian Penal Code and u/s 3⁄4 of the Dowry Prohibition Act.

3. Allegedly, the petitioner is said to have killed the daughter of informant on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She 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. There is no specific overt act against the

Patna High Court CR. MISC. No.4376 of 2024(2) dt.17-02-2024 2/2 petitioner. He further submits that the petitioner is the unmarried sister-in-law of the deceased. Petitioner is 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 as there is no specific overt act against the petitioner and the petitioner is a lady, 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 Waris Nagar P.S. Case No.173 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T