This order grants anticipatory bail to the petitioner, a mother-in-law charged in a dowry death case, contingent on restoring a defective bail application and furnishing bonds after normalcy is restored.
Anticipatory bail on personal bond contingent on submitting corrected bail application and furnishing surety bonds after normalcy is restored.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15052 of 2021
Arising Out of PS. Case No.-244 Year-2020 Thana- RAMGARHWA District- East
Champaran
======================================================
ANSHU KUWAR @ ANSHU DEBI (Female), aged about 62 years, W/o Late Subhash Chandra Ojha, Resident of Village- Ramgarhwa Mauje, P.S.Ramgarhwa, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Harendra Kumar Tiwary, Advocate. For the Opposite Party : Mr. Choubey Jawahar, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
2 06-07-2021
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
Further, learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the bail application.
Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.
The petitioner is apprehending her arrest in a case for the offence registered under Sections 304(B) and 120(B)/34 of the I.P.C.
The prosecution story, in brief, is that the accused persons including the petitioner killed the victim due to non-
Patna High Court CR. MISC. No.15052 of 2021(2) dt.06-07-2021 2/3
fulfilment of demand of dowry.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is the mother-in-law of the deceased. She is separate in mess and property from the husband of the deceased. She has got no concern with the alleged occurrence.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of the learned C.J.M., Motihari, East Champaran, in connection with Ramgarhwa P.S. Case No. 244 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of
Patna High Court CR. MISC. No.15052 of 2021(2) dt.06-07-2021 3/3
eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J)
U.K./- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case of dowry death and criminal conspiracy.
1 provisions across 1 enactments
Anshu Kuwar @ Anshu Debi
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
