Vidyavati Kuar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68898 of 2018 Arising Out of PS. Case No.-69 Year-2017 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Vidyavati Kuar, Wife of Surendar Kuar, Resident of Village- Mairwa Karan, Police Station- Kuchaikot, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Kuchaikote P.S. Case No. 69 of 2017 registered for the offences punishable under Sections 304(B), 120 (B) of the Indian Penal Code.

Informant who is father of deceased has stated in his written complaint that his deceased daughter was married on 22.04.2016 and sufficient presents were given to them at the time of marriage but after marriage she was being tortured for non-fulfillment of demand of dowry and petitioner went to Punjab to earn his livelihood but his family members tortured her and petitioner also threatened her. On 14.03.2017 couple was blessed with a daughter. On 29.03.2017 he came to know

Patna High Court Cr.Misc. No.68898 of 2018(2) dt.04-12-2018 2/2 that his daughter is dead and he reached there on 30.03.2017 and she was cremated in her presence and on 01.04.2017 the present case was registered.

It has been submitted that petitioner is innocent and has been falsely implicated in this case. Petitioner is an old mother-in-law. At the time of occurrence she was not present at the place of occurrence and allegation against him is false and concocted. Victim was suffering with mental disease for which she committed suicide which is apparent from the postmortem report as doctor has opined that cause of death due to asphyxia due to hanging. Petitioner has no criminal antecedent and is in custody since 27.07.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gopalganj, in connection with Kuchaikote P.S. Case No. 69 of 2017.

(S. Kumar, J) Rajiv/Manoj U T