Guriya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80705 of 2018 Arising Out of PS. Case No.-85 Year-2018 Thana- ASHTHAWAN District- Nalanda ====================================================== Guriya Devi W/o- Sonu Ravidas, Resident of Village - Pachetan, P.S.- Asthawan, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Maharaj, Adv.
For the Opposite Party/s :
Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner. Despite valid service of notice, no one appears on behalf of the State. The petitioner seeks pre-arrest bail in connection with Asthawan P.S. Case No.85 of 2018 registered under Section 302 read with 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
It is contended by the learned counsel for the petitioner that though the petitioner is named in the FIR, there is no allegation that he even touched the body of the deceased. The specific allegation in the FIR is upon her husband Sonu Ravidas, who is alleged to have assaulted the mother of the informant with Dabia (a sharp cutting weapon) repeatedly as a result of which she died. He submitted that as far as the petitioner is concerned, she is a pregnant lady and is undergoing
Patna High Court Cr.Misc. No.80705 of 2018(2) dt.11-02-2019 2/2 treatment in a maternity center. She has no criminal antecedent and her name has been given only because of her relationship with Sone Ravidas.
Considering the submissions made above as also the allegation made in the FIR, since direct and specific allegation is against the husband of the petitioner, in the event of arrest or surrender before the court below, the petitioner is directed to be released 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Asthawan P.S. Case No.85 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/- U T