Siyamani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50118 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -UPHARA District- AURANGABAD ====================================================== Siyamani Devi, wife of Sri Yaswant Sharma, resident of village Baijalpur, P.S. Uphara, District Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, who is mother-in-law of the deceased, is languishing in custody since 02.07.2016 in connection with Uphara P.S. Case No. 33/16 for offences punishable under Sections 304-B, 379/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter was tortured for demand of motorcycle by the husband Trilok Kumar @ Kundan. The husband along with petitioner and other family members killed the daughter of the informant.

It has been submitted by the learned counsel for the petitioner that she is mother-in-law of the deceased aged 62 years and only general and omnibus allegation has been levelled

Patna High Court Cr.Misc. No.50118 of 2016 (2) dt.22-11-2016 2/2 against her. He submits that the husband of the deceased daughter of the informant is already in custody and that there is no eyewitness to the alleged occurrence. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the allegations are general and omnibus, considering that the husband of the deceased is already in custody and the period of custody of the petitioner, let petitioner, above named, 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 learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Uphara P.S. Case No. 33/16.

(Nilu Agrawal, J.) Rajesh/- U T