Chandrawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31399 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== CHANDRAWATI DEVI Wife of Kailash Mahto Resident of Village - Sapahi Sagara Tola, P.S.- Turkaulia (Raghunathpur O.P.), District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2021 Heard Mr. Rajesh Ranjan, learned counsel for the petitioner and Mr. Binod Kumar, Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Turkauliya (Raghunathpur) PS Case No. 307/2020 registered for the offence punishable under Section 304(B)/34 of the IPC. The allegation, as per First Information Report, is that the informant's sister was married to one Sikandar Mahto, son of the petitioner on 01.07.2019 and just after marriage, the accused person including the petitioner started demanding a sum of Rs. 1 Lac as dowry and due to non fulfillment of the same, the accused persons killed the sister of the informant by pressing her neck.

Patna High Court CR. MISC. No.31399 of 2021(2) dt.10-12-2021 2/3 Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased. Learned counsel further submits that there is no specific allegation against the petitioner regarding demand of dowry and torture and no external injuries have been found on the person of the deceased which would be evident from Annexure-2, i.e., Postmortem Report.

Learned counsel next submits that similarly situated co-accused i.e., husband of the petitioner who is father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 22550/2021 and the husband of the deceased is still in custody. He also submits that the petitioner is in custody since 20.01.2021.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, who is father-in-law of the deceased, has already been granted bail by a Bench of this Court and petitioner is mother-in-law and she is in custody since 20.01.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, CHANDRAWATI DEVI be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.31399 of 2021(2) dt.10-12-2021 3/3 each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Raghunathpur) PS Case No. 307/2020.

(Anil Kumar Sinha, J) perwez U T