Mosmat Somari Kunwar @ Sawariya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5058 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Mosmat Somari Kunwar @ Sawariya Devi, Wife Of Late Ram Bichari Sharma Resident Of Village - Jataur, P.S.- Guthani, District- Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ajeet Singh For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in Guthani P. S. Case No.61 of 2019 dated 09.04.2019 registered for the offences punishable under Section 3/4 of the Dowry Prohibition Act and Sections 498(A), 326, 34 Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner, being mother-in-law, has been falsely implicated in the present case instituted under Section 304(B) of the I.P.C. and other allied Sections of the I.P.C. and Section 3/4 of the D. P. Act.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would

Patna High Court CR. MISC. No.5058 of 2020(7) dt.06-07-2023 2/2 manifest that the allegations are general and omnibus in nature and informant is not an eye witness to the occurrence. Learned A.P.P. opposes the anticipatory bail application and submits that the daughter of the informant died as the dowry demand was not fulfilled and granting petitioner the privilege of anticipatory bail, at this stage, is not justifiable. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Satyavrat Verma, J) vikash/- U T