Indra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23070 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== INDRA DEVI Wife of Sri Kishori Yadav Resident of Village- Korahiya, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur Mr. Nilesh Kumar Mr. Arya Achint For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered under Sections 304(B) and 328/34 of the Indian Penal Code.

Petitioner who happens to be mother-in-law of the deceased is said to have committed dowry death of the deceased by administering her poison in association of her family members.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. Allegation levelled against the petitioner is not specific rather omnibus. She has been falsely implicated in the

Patna High Court CR. MISC. No.23070 of 2019(3) dt.23-07-2019 2/3 case by the informant due to misunderstanding. As the deceased did not like her husband, she has suo motu left her marital house by executing agreement/bond before the Notary Public on 03.02.2018. She was mentally disturbed and was found roaming on the road in Jainagar and on spotting by the police she fell senseless. Police got her treated in the Jainagar hospital, then sent her to Madhubani for better treatment. She might have consumed some poisonous substance suo motu and succumbed. At the time of occurrence, she was not living at her marital house rather at maternal house.

Subsequently the informant realizing the true facts of the case filed a petition before the learned SDJM, Madhubani submitting real state of affairs and denying the complicity of the appellant in the occurrence and submitting about lodging the case against her due to suspicion. Husband of the deceased is in custody. Petitioner is lady and she has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.

Patna High Court CR. MISC. No.23070 of 2019(3) dt.23-07-2019 3/3 Madhubani in connection with Jainagar P.S. Case No. 172 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T