Fulwa Devi @ Dewanti Devi vs State of Jharkhand

Heard the parties through video conferencing. Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Barkatha P.S. Case No.72 of 2020 registered under sections 304B/34 of the Indian Penal Code.

The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner being the mother-in-law of the deceased has caused her dowry death. It is further submitted that the allegations against the petitioner are all false. It is then submitted by the learned counsel for the petitioner drawing attention of this Court to annexure-2 at page nos. 16-19 of the brief, which is the copy of the petition allegedly signed by the informant and the petitioner purported to have been filed in the court of learned Judicial Magistrate -1st Class, Hazaribagh, that therein, the informant has stated that the deceased was alright in her matrimonial house and he has no grievance against the in-laws of his deceased daughter. It is next submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.

Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.

Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of six weeks from the date of this order, she shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Hazaribagh, in connection with Barkatha P.S. Case No.72 of 2020 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.