Urmila Devi @ Most. Urmila Devi @ Musmat Urmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13468 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== URMILA DEVI @ MOST. URMILA DEVI @ MUSMAT URMILA DEVI Wife of Late Surendra Prasad Resident of Village - Risaura Tola Bishunpura, P.S.- Maharajganj, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Aslam Ansari For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 24.12.2018 in connection with Maharajganj P.S. Case No. 157 of 2018 for offences punishable under Sections 304-B, 201, 34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his daughter Raj Kumari Devi was married to one Guddu Prasad two years and four months back. The in-laws demanded Rs. 1 lakh cash, jewellery and motorcycle as dowry in absence of the husband of the deceased. Further allegation is that the inlaws of the deceased including the petitioner, who is the motherin-law, have killed the informant's daughter and while she was

Patna High Court CR. MISC. No.13468 of 2019(2) dt.08-03-2019 2/3 being cremated the informant arrived there, on which the accused persons fled away.

It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that general and omnibus allegation has been levelled against all the in-laws and the petitioner is an aged lady of 60 years. It is further submitted that the deceased committed suicide by setting herself on fire and that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that it is a case of dowry death and the petitioner being the mother-in-law has been named in the First Information Report.

Considering the facts and circumstances and the nature of allegations, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Siwan, in connection with Maharajganj P.S. Case No. 157 of 2018, subject to the following conditions :

Patna High Court CR. MISC. No.13468 of 2019(2) dt.08-03-2019 3/3 1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J) Rajesh/- U T