Kabutari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15592 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -BIHPUR District- BHAGALPUR ====================================================== Kabutari Devi W/o Bindeshwari Yadav Resident of Village Jhandapur, P.S. Bihpur (Jhandapur), District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Yadav, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioner and the State. The petitioner being the mother of the husband of the victim is languishing in jail since 06.02.2015 in a case registered for the offences punishable under Sections 304B, 120B and 201/34 of the Indian Penal Code.

The accusation is of killing the sister of the informant after five years of marriage due to non-fulfillment of dowry demand of Rs.85,000/- for purchase of motorcycle. It is submitted by learned Sr. Counsel for the petitioner that the victim committed suicide. The accusation is omnibus and general and the demand of dowry for motorcycle was made by the husband of the informant, who is in custody. The married daughter of the petitioner namely Rekha Devi with similar accusation has been granted bail vide Criminal Miscellaneous No. 14698 of 2015. The post-report reflects that the victim met with an accident though the blood was found on the railway track also.

Patna High Court Cr.Misc. No.15592 of 2015 (3) dt.23-06-2015 2/2 It is submitted by learned counsel for the informant that the headless dead body of the victim was recovered from the embankment of the river Koshi though the injuries suggest that the victim was brutally killed. Firstly, effort was made to suggest that the victim met with an accident, hence, the dead body was thrown on the railway track but subsequently the dead body was thrown on embankment of the river Koshi.

Considering the fact that the accusation is omnibus and general against the petitioner, the accusation of demand of dowry, prima facie, appears to be indicated against the husband of the victim, who is in custody and with similar accusation married daughter of the petitioner namely Rekha Devi has been granted bail, let the above named petitioner be released on bail, on furnishing bail bonds of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Naugachia, Bhagalpur in connection with Bihpur (Jhandapur) P.S. Case No.22 of 2015.

(Dinesh Kumar Singh, J) Ashwini/- U T