Manjula Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23930 of 2019 Arising Out of PS. Case No.-114 Year-2018 Thana- HATHAURI District- Samastipur ====================================================== MANJULA DEVI Wife of Suresh Mandal Resident of Village - Ramul, Shivaji Nagar, Hathauri, P.S.- Hathauri, Distt - Samastipur. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 304 B & 120 B 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 daughter of the informant in association of his family members and tried to cremate the dead body clandestinely but on getting information police recovered the dead body and sent it for postmortem.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. Petitioner has no concern with the aforesaid occurrence. She

Patna High Court CR. MISC. No.23930 of 2019(3) dt.18-07-2019 2/2 has neither made any demand of dowry nor subjected her over the said demand. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Earlier to the case under hand on the statement of the mother to the effect that the deceased was suffering from ailment and she consumed pesticides instead of medicine under mistake and succumbed on the way to the hospital an UD case was registered and after 26 days father of the deceased has lodged this false and frivolous case against the petitioner and his family members to extort money from them. There is an inordinate delay of 26 days in lodging the F.I.R. and that too without assigning any plausible explanation for the same. Petitioner is on provisional bail granted by this Court vide order dated 17.04.2019. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, provisional bail granted to the petitioner vide order 17.04.2019 is hereby confirmed and this application is accordingly disposed of.

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