Shila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29896 of 2021 Arising Out of PS. Case No.-176 Year-2020 Thana- JALE District- Darbhanga ====================================================== Shila Devi Wife Of Bujhawan Ram Resident Of Village- Ghoghraha, P.S.- Jale, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh- Advocate For the Opposite Party/s :
Mr. Ram Chandra Singh- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-11-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Jale P. S. Case No.176 of 2020, instituted for the offences under Section 304(B) of the Indian Penal Code.
The petitioner is in custody since 21.01.2021 and he is a person with clean antecedent. Charge-sheet has been submitted in this case.
From bare perusal of the allegation as alleged in the F.I.R., it would manifest that informant alleges that his daughter Sangita Devi was married with Guddu Ram in the Year 2017 as per Hindu Customs and rituals. Further that the daughter of the informant was ousted from her matrimonial home on the ground that she should go and seek dowry from her parents. It is further
Patna High Court CR. MISC. No.29896 of 2021(2) dt.24-11-2021 2/3 alleged that on 21.10.2020, the mother-in-law (petitioner) informed the informant on mobile that his daughter died after drowning in the water. It is further alleged that informant along with others came and saw the dead body of his daughter and saw certain mark of injury on the side of left ear, mouth, below the lip and surrounding the navel.
Learned counsel for the petitioner submits that petitioner is the mother-in-law and from bare perusal of the allegation as alleged in the F.I.R., it would manifest that it was the mother-in-law, who had informed the informant about the death of his daughter. The learned counsel for the petitioner submits that had mother-in-law or her family members been involved in the killing of the deceased, then the mother-in-law would never have informed the informant. The fact that the petitioner informed the informant about the death of his daughter that itself demonstrates that the petitioner is innocent. Learned A.P.P. vehemently opposes the bail application.
Considering the fact that the petitioner is in custody 21.01.2021 and is mother-in-law and it was she, who had informed the informant about the death of her daughter, the petitioner, above-named, is directed to be released on bail on his
Patna High Court CR. MISC. No.29896 of 2021(2) dt.24-11-2021 3/3 furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Darbhanga in connection with Jale P. S. Case No.176 of 2020. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T