Sonma Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.43398 of 2014 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43398 of 2014 Arising Out of PS.Case No. -337 Year- 2014 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Sonma Devi Wife of Late Lakhan Kewat Village-Jakmaila, P.S. and District-Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabi Bhushan For the Opposite Party/s : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Lakhisarai P.S. Case No. 337 of 2014 registered for the offences punishable under Sections 304B, 328/34 of the Indian Penal Code.

Allegedly, the daughter of the informant was married with co-accused Balram Kumar about one years ago and due to non-fulfillment of demand of cash Rs. 1,00,000/-, golden chain and motorcycle, she was being tortured and ultimately she was poisoned to death.

Submission is that the petitioner is living separately since long with the husband of the deceased, she got no concern

Patna High Court Cr.Misc. No.43398 of 2014 (2) dt.27-03-2015 with the family affairs of the deceased and her husband. She is an old lady aged about 65 years. She has not demanded anything, there is no allegation against her, husband of the deceased is already in judicial custody, and as such, she deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering that there is no specific allegation against the petitioner and the husband of the deceased is in custody, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 337 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T