Dharam Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15208 of 2024 Arising Out of PS. Case No.-249 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Dharam Shila Devi W/O Kalpu Das @ Paltu Das Village- Paridah, Ps. Hasanpur, Dist. Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nakul Jamuar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending her arrest in connection with Bhagwanpur P.S. Case No. 249 of 2022, registered for the offences punishable under Sections 498(A), 304(B), 201 of the Indian Penal Code.

3. The allegation against above named petitioner is to cause death of daughter of informant due to non-fulfillment of demand of dowry, as raised for cash of Rs. 2 lacs and also cash of Rs. 65,000/- for

Patna High Court CR. MISC. No.15208 of 2024(2) dt.14-03-2024 2/3 purchasing a motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law, who is living separately with deceased and her husband, having no connection with their daily and domestic affairs. It is submitted that the thrust of allegation is available against the husband of deceased. It is submitted that the implication of petitioner is only appears out of reason that she is mother of husband of deceased. While concluding argument, it is submitted that similarly situated co-accused, who are in-laws were granted anticipatory bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 71695 of 2023 dated 08.01.2024. Petitioner is a lady of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances, as petitioner is mother-in-law, claiming to live separately with deceased and her husband,

Patna High Court CR. MISC. No.15208 of 2024(2) dt.14-03-2024 3/3 accordingly, above named petitioner, in the event of her arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Begusarai/concerned Court, where the case is pending in connection with Bhagwanpur P.S. Case No. 249 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T