The Patna High Court granted anticipatory bail to the petitioner, who is the mother-in-law of a deceased accused in a dowry case. The court released her on personal bond noting her innocence and lack of specific allegations against her.
Relief on anticipatory bail on the condition of furnishing a personal bond to the Chief Judicial Magistrate, Samastipur.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54994 of 2022
Arising Out of PS. Case No.-173 Year-2020 Thana- WARISNAGAR District- Samastipur
====================================================== Krishna Devi Wife of Raj Kumar Resident of Village- Manipur, P.S.Warisnagar, District- Samastipur
... ... Petitioner/s Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanchay Srivastava, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 19-01-2023
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends arrest in connection with Warisnagar P.S. Case No. 173 of 2020 registered for the offences under Sections 304B, 201 and 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased and she is innocent and have falsely been implicated in the instant case. It is also submitted that there is no specific allegation against her. Further he submits that the husband of the deceased is already in custody. The petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the
Patna High Court CR. MISC. No.54994 of 2022(4) dt.19-01-2023 2/2
petitioner, above named, is directed to be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No. 173 of 2020 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
anuradha/-
U T
3 issues framed by the court
Whether to grant anticipatory bail to the petitioner who apprehends arrest in a dowry-death case.
Whether the petitioner's mother-in-law status, lack of specific allegations, and lack of criminal antecedent justify bail.
Whether the co-accused being in custody impacts the petitioner's liability.
1 provisions across 1 enactments
Krishna Devi
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
