Sundari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23643 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Sundari Devi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Maharaj, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. For the Informant : Mr. Shiv Shankar Sah ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner is apprehending her arrest in Bhagwanpur P.S.Case No. 219 of 2016 registered for offences punishable under Sections 304 (B)/34 of the Indian Penal Code. The accusation is of killing of the daughter of the informant by her husband, brother-in-law and mother-in-law due to non fulfillment of demand of Rs. One lac and a gold chakti in dowry.

Learned counsel appearing on behalf of the petitioner submits that in fact the petitioner is the mother-in-law of the deceased and old lady and used to reside with Naresh Sharma @ Bablu Sharma @ Bablu, the elder brother of husband of the deceased. Naresh Sharma, elder brother of husband of deceased has already been granted anticipatory bail by a Co-ordinate Bench

Patna High Court Cr.Misc. No.23643 of 2017 (3) dt.28-08-2017 2/2 of this Court in Cr. Misc. No. 25753 of 2017 on 10.07.2017. The husband of the deceased is in custody.

On the other hand learned counsel for the informant and learned A.P.P. oppose the prayer for bail with submission that the cause of death of deceased is Asphyxia due to strangulation, as detailed in Post mortem report.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of her arrest or surrender, within four weeks from the date of receipt of this order, be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each in connection with Bhagwanpur P.S.Case No. 219 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the condition laid down under Section 438 (2) of the Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Sudha/- U T