- (1.) THE present anticipatory bail application has been filed under Sections 438 and 440 of the Code of Criminal Procedure seeking anticipatory bail as the petitioner is having reasonable apprehension of her arrest in connection with Deori P.S. Case No. 155 of 2013 corresponding to G.R. No. 3557 of 2013 registered for the offence punishable under Sections 304 (B) read with Section 34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act, which is now pending in the court of the learned C.J.M., Giridih.
(2.) THE learned counsel for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in the alleged crime. The learned counsel for the petitioner further submitted that there are no specific allegations and role attributed in the F.I.R. nor anything has been found during the course of investigation against the present petitioner. The learned counsel for the petitioner by referring Annexure -2, also submitted that the matter has been amicably settled inter se between the informant and the two persons and accordingly, a joint application for compromise has been submitted in the court below and therefore, the present petitioner, who is mother -in -law and old aged lady may be granted anticipatory bail. The learned APP appearing on behalf of the State opposed the anticipatory bail application and submitted that there is a prima facie case against the petitioner of having involvement in the alleged offence and therefore, looking to the gravity of the offence, present application may be rejected.
(3.) THE learned counsel appearing on behalf of the informant has not disputed the fact regarding amicable settlement of the dispute and submission of joint application for compromise as annexed vide Annexure -2 and has also submitted that he has no objection, if the anticipatory bail, as prayed for, may be granted. Considering the aforesaid rival submissions and having regard to facts and circumstances of the present application and more particularly, in view of the fact that the present petitioner is mother - in -law and old aged lady as also considering the joint compromise application filed before the learned court below, which is annexed to this petition vide Annexure -2, this Court is of the view that the present petitioner deserves to be granted anticipatory bail. Accordingly, in the event of her arrest or surrender within a period of two weeks from the date of this order, the petitioner, above named, is directed to be released on executing bail bond of Rs.10,000/ - (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Giridih in connection with Deori P.S. Case No. 155 of 2013 corresponding to G.R. No. 3557 of 2013 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.;