Mishra Devi @ Bedamiya Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.41882 of 2017 (2) dt.20-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41882 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================
1. Mishra Devi @ Bedamiya Devi, Wife of Raghunandan Rai, resident of village Kanchanpur, Dhanuasi, Police Station- Kartahan, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is languishing in judicial custody since 25.07.2017 in connection with Kartahan P.S. Case No. 23 of 2017 for offences punishable under Sections 304 (B)/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that he married his daughter in the year 2016 with one Chandan Kumar Rai. Her husband and in-laws used to torture her for nonfulfillment of demand of dowry and burnt her to death. Her burnt dead body was found by the informant.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.41882 of 2017 (2) dt.20-09-2017 petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. Petitioner is grandmother-in-law of the deceased. It has been submitted that other in-laws have been granted pre-arrest bail by co-ordinate Benches of this Court and being a 70 years old lady, a sympathetic consideration be given.
However, learned counsel for the informant and learned APP for the State opposes the prayer for bail stating therein that the daughter of the informant was killed within five months of the marriage.
Considering the facts and circumstances and the materials on record, 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 Additional Chief Judicial Magistrate-Vth, Vaishali at Hajipur, in connection with Kartahan P.S. Case No. 23 of 2017. (Nilu Agrawal, J) sushma/- U T