Meera Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42963 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -NAUTAN District- SIWAN ====================================================== Meera Devi, W/O Nand Kishor Sah, R/O Village- Murarpatti, P.S.-Nautan, District-Siwan .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Satyendra Rai, Advocate.
For the Opposite Party : Mr. Lalan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2016 Heard both sides.
The petitioner seeks bail in Nautan P.S. Case No. 80 of 2016, registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.
The informant, sister-in-law of the deceased, alleged that she married her sister-in-law on 09.05.2014 in village Murapatti police station Nautan with Ranjay Sah, son of Nand Kishore Sah and gave sufficient gifts but after marriage her husband Ranjay Sah, father-in-law Nand Kishore Sah, mother-inlaw Mira Devi the petitioner, sisters-in-law Madhuri and Chunmun began to demand TV, Fridge, chain made of gold and cash of Rs. 2 lakhs. On 21.06.2016, the informant got information that her sister-in-law was strangulated to death by the accused
Patna High Court Cr.Misc. No.42963 of 2016 (3) dt.06-12-2016 2/3 persons. The deceased was brought to Varanasi for treatment but she died on 25.06.2016.
Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased. The informant made allegation of demand of dowry and torture against the petitioner also but the true fact is that the deceased was suffering from different ailments and she committed suicide but somehow she was saved. The petitioner and his family members brought the deceased to hospital for treatment from where she was taken to Varanasi for better treatment but she died.
On the other hand, learned counsel for the informant as well as learned APP for the State opposed the prayer for bail of the petitioner and submitted that there is specific allegation that the petitioner was also torturing the deceased. The post-mortem report shows that the deceased died due to ligature mark all around the neck. In paragraph-52 of the case diary two witnesses alleged that the petitioner and other family members were always torturing the deceased.
It appears that the petitioner is mother-in-law of the deceased and no specific allegation of demand of dowry and torture is made against the petitioner. The petitioner is in jail since 28.06.2016.
Patna High Court Cr.Misc. No.42963 of 2016 (3) dt.06-12-2016 3/3 Considering the facts aforesaid, the petitioner above named is directed to 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 the Additional Chief Judicial Magistrate-IX, Siwan in Nautan P.S. Case No. 80 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T