Bhageshwari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17400 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhageshwari Devi wife of Tarkeshwar Mahto @ Hargen Mahto resident of village - Parsawani Wazid, P.S. - Kalyanur, Dist - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner apprehends her arrest in Kalyanpur P.S. Case No. 257/2016, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. The informant uncle of the deceased alleged that his niece was married to Pappu Mahto two and half years ago. Pappu Mahto used to assault his niece due to non-fulfillment of demand of dowry. The informant got information on 23.12.2015 that the accused persons killed his niece. The informant found the deadbody inside the house. Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. The petitioner never

Patna High Court Cr.Misc. No.17400 of 2017 (3) dt.05-07-2017 2/2 assaulted the deceased and never demanded any dowry. No allegation is made against the petitioner, although the petitioner is named in the F.I.R.

Considering the facts aforesaid and the fact that the informant made allegation of demand of dowry and torture against the husband of the deceased and the informant did not make any allegation against the petitioner mother-in-law of the deceased, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Chief Judicial Magistrate, East Champaran in connection with Kalyanpur P.S. Case No. 257/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T