Gulab Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16366 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- ANDHRAMATH District- Madhubani ====================================================== Gulab Devi, W/o Raj Kumar Mandal, R/o Village- Chhattapur, Datta Tol, P.S.- Andhramath, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jagdish Prasad Singh, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party :

Dr. Mrityunjaya Kumar Gautam, APP For the Informant :

Mr. Jitendra Kuamr Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks bail in connection with Andhramath P.S. Case No.162 of 2018 registered under Sections 304B read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the son of the petitioner was married to the granddaughter of the informant. After marriage, she was peacefully living in her sasural and after about one year, she died a natural death. However, only out of suspicion, the informant has instituted a case of death due to poisoning. The body was subjected to postmortem examination on 16.10.2018 and no antemortem injury was found on her person. The viscera was

Patna High Court CR. MISC. No.16366 of 2019(3) dt.21-05-2019 2/3 preserved, but till date, the viscera report is not available. The investigation is completed and the petitioner has been sent up for trial. She is in custody since 17.10.2018. Learned counsel for the State and learned counsel appearing for the informant opposed the application for grant of bail to the petitioner. They stated that there is allegation in the first information report that the victim was subjected to cruelty for non-fulfilment of dowry in her matrimonial home. However, they admitted that till date viscera report is not record. Having regard to the submissions made above, since there is no material to support the contention that the death of the victim was an unnatural one, the petitioner, who is in custody since 17.10.

2018, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of A.C.J.M.-1st, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No.

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and

Patna High Court CR. MISC. No.16366 of 2019(3) dt.21-05-2019 3/3 (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (Ashwani Kumar Singh, J.) Sanjeet/- U T