Kanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38148 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Kanti Devi, Wife of Bhushan Bind, Resident of Village- Bishunpur, Police Station- Ekangarsarai, District Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Kumar Singh, Advocate For the Opposite Party : Mr. Sri Braj Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Ekangarsarai P.S Case No. 35 of 2016 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code. Allegedly, Jayanti Devi the sister of the informant was married with Suraj Bind four years ago and due to nonfulfillment of demand of dowry she was being tortured by her husband and several in-laws including the petitioner, who is mother-in-law and due to that they killed her by pressing with lathi on her neck.

Submission is of false implication and that against the petitioner there is no specific allegation, she is old mother-inlaw, she is living separately having no concern with the family

Patna High Court Cr.Misc. No.38148 of 2016 (2) dt.27-09-2016 2/2 affair of the deceased and her husband. The husband is already in custody, the father-in-law has been allowed bail and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that Bhushan Bind, the father-in-law has been allowed bail vide Cr. Misc. No. 28415 of 2016 by another coordinate Bench of this Court. In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda, arising out of Ekangarsarai P.S. Case No.

35 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T