Laxmi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5250 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- FALKAHA District- Katihar ====================================================== Laxmi Devi, Wife of Vinod Sharma, resident of Village- Mushahari Kali Asthan Sohtha, P.S. Falka, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bimal Kumar For the Opposite Party/s :

Mr. SRI SURENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Falka P.S. Case No. 315 of 2017 registered for the offence punishable under Section 302 of the Indian Penal Code.

Informant is the brother of deceased who in his fardbeyan on 15.10.2017 has stated that his deceased sister was married to Mukesh Sharma son of petitioner, about 4 years ago and after marriage the petitioner-Mother-in-Law, used to torture her sister on trivial issues and on 15.10.2017 at about 5:00 pm his brother-in-law Mukesh Sharma husband of the deceased, informed him that his sister had died and after getting the said information he along with his family members came to the house of her in-laws and found his sister dead. He has further

Patna High Court Cr.Misc. No.5250 of 2018(3) dt.27-02-2018 2/2 alleged that he believes that her Mother-in-Law-petitioner has killed his sister either by poisoning her or by strangulation. The post mortem report does not suggest any physical assault on the deceased as no external injury was found over the body. It has been further submitted that she used to live separately with the husband adjacent to the house of the petitioner-Mother-in-Law for which separate house was constructed for her living. It has been submitted that the petitioner has got no criminal antecedent and is in custody since 16.10.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-V, Katihar, in connection with Falka P.S. Case No. 315 of 2017.

(S. Kumar, J) ranjan/- U