Kalawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48794 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ======================================================
1. Kalawati Devi Wife of Jogendar Chaudhary Resident of Village- Adi Gopalpur, P.S.- Bochaha, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 304B/34 of the Indian Penal Code.
According to F.I.R. Pallavi Ranjan @ Dimpal was done to death for non-fulfilment of dowry demand within seven years of her marriage in her matrimonial house. The petitioner is mother-in-law.
Submission of the petitioner is that the main allegation of torture is against the husband and whole allegation of demand of dowry is false in view of the bank statement of the husband of the deceased at Annexure-3A, which would reveal that
Patna High Court Cr.Misc. No.48794 of 2016 (3) dt.02-03-2017 2/2 in fact husband of the deceased had advanced money to the informant in his business firm M/S. Jai Maa Tara Hotel. Contention is that the allegation is general and omnibus against the petitioner and name of the petitioner has been put forth just to pressurize the petitioner and family members. Considering the aforesaid facts as well as the fact that the petitioner is a female, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur/Successor Court in connection with Bochaha Police Station Case No.92 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) Mkr./- U T