Kaushalya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23497 of 2022 Arising Out of PS. Case No.-354 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== KAUSHALYA DEVI W/O JAGARNATH SINGH R/o village- Konar, P.S.- Shivsagar, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, A.P.P.
:
Mr. Babu Nandan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned senior counsel for the petitioner, Shri Krishna Prasad Singh and learned A.P.P. for the State and learned counsel for the informant.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.
The informant alleges that his daughter was married to Yogendra in April 2021, further, after marriage all the accused persons including the petitioner started demanding a motorcycle and gold chain, further, on account of non-fulfillment of the demand, his daughter was killed.
Learned senior counsel for the petitioner submits that petitioner is a person with clean antecedent and is mother-in-law
Patna High Court CR. MISC. No.23497 of 2022(2) dt.09-11-2022 2/3 of the deceased. Learned senior counsel further submits that the petitioner has been falsely implicated in the present case, it is next submitted that informant is not an eye witness to the occurrence, it is also submitted that allegation of demand of dowry is general and omnibus in nature, it is next submitted that entire family member came to be implicated along with the husband, when it is the duty of the husband to keep his wife with honour and dignity, it is further submitted that husband of the deceased is in custody as has been specifically pleaded at Para 10.
Learned A.P.P. for the State and the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner but are not in position to rebut the submission of the learned senior counsel that petitioner is the mother-in-law and the husband is in custody and the allegation of demand is general and omnibus in nature though the learned counsel for the informant submits that in post mortem it was found that the dead body had ligature mark on the neck.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.23497 of 2022(2) dt.09-11-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shivsagar P.S. Case No. 354 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T