Madhu Devi @ Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27541 of 2016 Arising Out of PS.Case No. -260 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Madhu Devi @ Indu Devi wife of Madan Mishra, resident of villageChurihara Bigha, Police Station- Belaganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the brother's wife of the husband of the victim is languishing in custody since 08.04.2016 in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code. The prosecution case is of killing the sister of the informant by administering poison for non fulfillment of dowry demand.

It is submitted by the learned counsel for the petitioner that as per own admission of the informant, the marriage was performed in 2007 and the victim died on 23.11.2015. Hence, the case does not come within the purview of Section 304B of the Indian Penal Code. The victim died due to illness. The certificate issued by the

Patna High Court Cr.Misc. No.27541 of 2016 (3) dt.11-07-2016 A.N.M.M.C. Hospital, Gaya (Annexure-2) reflects that victim died on 23.11.2015 due to cardio respiratory arrest. The investigation has already concluded.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. Case No. 260 of 2015.

(Dinesh Kumar Singh, J) P.K./- U T