Premlata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84650 of 2019 Arising Out of PS. Case No.-370 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== PREMLATA DEVI Wife of Police Yadav Resident of Village-Gangia P.S.- Khagaria (Gangaur), District-Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Khagaria (Gangaur) PS case no. 370 of 2018 registered for the offences punishable under Sections 304(B), 120(B) of Indian Penal Code.

The allegation as per the written report of the informant is that her daughter was married with the co-accused person namely Sunil Yadav and on account of non-fulfilment of the demand for dowry, the accused persons including the petitioner herein are said to have killed the deceased-victim lady i.e. the daughter-in-law of the petitioner herein. The learned counsel for the petitioner has submitted that though this Court had earlier rejected the prayer

Patna High Court CR. MISC. No.84650 of 2019(2) dt.19-12-2019 2/3 of the petitioner herein for grant of anticipatory bail, by an order dated 05.03.2019 passed in Cr. Misc. no. 64054 of 2018, however the fact is that the husband and father-in-law of the deceased-victim lady have already been acquitted by the learned court of Sessions Judge, Khagaria by a judgment dated 23.09.2019 passed in Sessions Trial no. 183 of 2019 arising out of Khagaria (Gangaur) PS case no. 370 of 2018, inasmuch as the prosecution failed to prove the case beyond all reasonable doubts. Thus, it is submitted that the petitioner be granted the privilege of anticipatory bail, whereafter the petitioner would definitely subject herself to the jurisdiction of the learned court below so that the trial can be concluded.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Khagaria (Gangaur) PS case no. 370 of 2018 subject to the

Patna High Court CR. MISC. No.84650 of 2019(2) dt.19-12-2019 3/3 conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T