Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68796 of 2018 Arising Out of PS. Case No.-346 Year-2018 Thana- RAJAON District- Banka ====================================================== Pushpa Devi, Wife of Bal Mukund Prasad Singh @ Bal Mukund Prasad, Resident of Village- Bhadrar, Police Station- Banka, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Rajoun P.S. Case No.346 of 2018 registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

Informant is the mother of the deceased who in her written complaint, has alleged that the accused - Goutam Kumar has married with her daughter in the year 2016 but thereafter she was being tortured by the accused, as named in the F.I.R., for non-fulfillment of demand of dowry. On information received that her daughter is in a hospital, she reached there where she found her daughter to be dead.

It has been submitted on behalf of the petitioner that she is mother-in-law and there is no specific allegation against her of committing any torture or demand of dowry against the

Patna High Court Cr.Misc. No.68796 of 2018(2) dt.03-12-2018 2/2 deceased. Allegations are general and omnibus in nature. It has further come in the F.I.R. that deceased was taken to the hospital and she died of complexities arising out of pregnancy. Petitioner is in custody since 12.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No.346 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- + U T