Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52442 of 2016 Arising Out of PS.Case No. -167 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Sharda Devi, Wife of Brijnandan Prasad @ Brijanand Prasad, Resident of Village-Jalpurwa, Police Station-Barauli, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 05.08.2016 in connection with Barauli P.S. Case No. 167/16 for offences punishable under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that she married her daughter with accused Shambhu Kumar on 20.06.2016 and from the next date in-laws of her daughter started demanding a car and Rs. 1 lac in dowry and for non-fulfilment of the same started torturing her. It is alleged that all the accused persons including the petitioner committed the murder of her daughter on 04.08.2016 at about 4.00 a.m. by strangulating her

Patna High Court Cr.Misc. No.52442 of 2016 (4) dt.22-03-2017 2/2 with rope.

It has been submitted by the learned counsel for the petitioner that she is the mother-in-law of the deceased Sunita Devi and there is no specific allegation against her. It is submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence. However, learned counsel appearing for the informant vehemently opposes the prayer for bail stating that the husband and father-in-law are running scot-free and the death occurred nearly one and half years after marriage, for which the entire family members are responsible.

Learned APP for the State also opposes the prayer for bail.

Considering the facts and circumstances and the materials on record and that charge-sheet has already been submitted, 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 Chief Judicial Magistrate, Gopalganj in connection with Barauli P.S. Case No. 167/16.

(Nilu Agrawal, J) Rajesh/- U T