Dhanmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15129 of 2024 Arising Out of PS. Case No.-203 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Dhanmati Devi W/O Late Sitaram Ram R/O Village- Shambhuchak, P.SKalyanpur, Distt.- East Champaran. ... ... Petitioner/S

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, 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 Kalyanpur P.S. Case No. 203 of 2022, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

3. The allegation against above named

2/4 petitioner is to commit murder of daughter of informant, who is none but the daughter-in-law of this petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law and for said reason she was implicated with present case. It is submitted that the deceased daughter-in-law of petitioner had developed illicit relation with some villagers in absence of her husband, who remains generally outside in connection with his professional engagement and when said illicit relation was objected by mother-in-law being guradian of the family, her daughter-in-law being a short-tempered lady committed suicide. It is submitted that as per FIR, the last conversation of deceased was made with husband, namely, Lalan Ram, who has been granted anticipatory bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 19802 of 2023 dated 23.06.2023. It is further submitted that villagers cremated the dead body. It is pointed out that the

3/4 occurrence was reported to informant much prior to cremation but he failed to join the last rites of his deceased daughter. While concluding the argument, it is submitted that in present case post mortem was not conducted, as to affirm the cause of death and moreover, petitioner is a lady of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as petitioner is a mother-in-law and a lady of clean antecedent, where cause of death could not ascertain in want of post mortem report, 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 A.C.J.M.-IV, Motihari, East Champaran/concerned Court, where the case is pending in connection with Kalyanpur

4/4 P.S. Case No. 203 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