Anshu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85156 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== ANSHU DEVI W/o Sri Guddu Mishra, R/o village- Shivganj, P.S.- Shikarpur, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2020 Heard Mr. Pravin Kumar Sinha, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned A.P.P. through Video Conferencing.

The petitioner apprehends her arrest in Shikarpur P.S. Case No.67 of 2019 registered under Sections 341, 323, 498(A), 328 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

The informant alleged that on 26.01.2019 he went to the house of in-laws of his daughter Manisha Devi, who was married with Sonu Kumar Mishra in the year 2017. The accused persons assaulted his daughter and demanded Rs.3 lakhs. The accused persons did not allow the informant to bring his daughter to his own house. On the next day i.e. 27.01.2019 the informant was informed on telephone that his daughter was

Patna High Court CR. MISC. No.85156 of 2019(4) dt.21-08-2020 2/3 seriously ill and they were taking her to J.J.K. Hospital, Bettiah for her treatment. The informant rushed there and found her daughter unconscious. The mother-in-law of the daughter of the informant informed that his daughter consumed poison but the informant suspected that the accused persons administered poison to his daughter.

Learned counsel for the petitioner submits that the petitioner is sister-in-law (gotani) of the daughter of the informant. The petitioner has no manner of concern with the family affairs of the daughter of the informant and her (deceased) husband. During course of investigation, the Dy. S.P. found the allegation of administering poison false. The petitioner gave birth to a male child in the month of January, 2020. During course of investigation no further material was found.

Learned A.P.P., however, opposed the prayer for anticipatory bail.

It appears that the petitioner is the sister-in-law (gotani) of the daughter of the informant and there is no specific allegation against her. The Dy.S.P. also found the allegation of poisoning false.

Having considered the facts aforesaid, the petitioner,

Patna High Court CR. MISC. No.85156 of 2019(4) dt.21-08-2020 3/3 above named, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran, Bettiah in connection with Shikarpur P.S. Case No.67 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T