Pramila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15746 of 2019 Arising Out of PS. Case No.-292 Year-2018 Thana- SHEOHAR District- Sheohar * ====================================================== Pramila Devi, Wife of Raj Deo Mahto, Resident of Village - Tajpur, P.S and Distt - Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner, being the mother of the husband of the victim, is apprehending arrest in a case registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.

The prosecution case as per the written report of Kapil Deo Sah submitted to SHO, Sheohar Police Staion is to the effect that the daughter of the informant was married with Sushil Mahto, son of the petitioner on 07.02.2014. But, subsequently after the marriage, further dowry demand of motorcycle was made and due to non-fulfillment of the same, torture was

Patna High Court CR. MISC. No.15746 of 2019(2) dt.14-03-2019 2/3 inflicted upon the informant's daughter and ultimately on 11.12.2018, the daughter of the informant was killed by throttling her neck by all the F.I.R. named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the entire family members including the petitioner. It is further submitted that the accusation of demand of motorcycle is against the husband of the victim, who is already in custody. A statement has been made in paragraph no. 3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the fact that thrust of accusation is against the husband of the victim and petitioner, being an old lady, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM,

Patna High Court CR. MISC. No.15746 of 2019(2) dt.14-03-2019 3/3 Sitamarhi in connection with Sheohar P.S. Case No. 292 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T