Sabiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79276 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- SONO District- Jamui ====================================================== Sabiya Devi wife of Yaddu Yadav, resident of village sabejor, P.S. Sono, District Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 The petitioner seeks bail in anticipation of her arrest in connection with Sono P.S. Case No. 203 of 2018 dated 26.07.2018 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.

The petitioner is mother-in-law of the deceased. The allegation in the F.I.R is of demand of dowry and torture because of non-fulfillment of the same. The learned counsel for the petitioner has submitted that the deceased fell down in the well and every attempt was made by the family members to take her out of the well and resuscitate her; however she succumbed to the

Patna High Court Cr.Misc. No.79276 of 2018(2) dt.28-01-2019 2/3 injuries suffered by her because of drowning. The postmortem report does not reflect any ante mortem injury on her body. The allegation against the petitioner is general and omnibus and there is nothing specific against her. The petitioner is an old lady and she has not been attributed with any specific assault or demand of dowry.

The husband of the deceased is in custody.

Considering the aforesaid aspects of the matter, the brother-in-law and sister-in-law of the deceased have been granted anticipatory bail by a Bench of this Court vide order dated 26.11.2018 passed in Cr. Misc. No. 69332 of 2018.

Regard being had to the aforesaid facts, the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on her furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Jamui in connection with Sono P.S. Case No. 203 of 2018, subject to

Patna High Court Cr.Misc. No.79276 of 2018(2) dt.28-01-2019 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T