Krishna Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27006 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- KOTWALI District- Munger ====================================================== KRISHNA DEVI Wife of Bhola Prasad Singh Resident of Village - Sundarpur, P.S.- Kotwali,District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Kanhaya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Kotwali P.S. Case No. 15 of 2019 registered for the offences punishable under Section 304 (B) read with Section 34 of the Indian Penal Code.

Petitioner, who happens to be the mother-in-law of the deceased, along with her son used to torment the deceased and the husband of the deceased used to thrash her for dowry demand. On the date of the occurrence the petitioner informed her in-law's house the factum of bolting the door inside the room by the deceased. On the said information the informant arrived there and found the deceased hanging by breaking open

Patna High Court CR. MISC. No.27006 of 2019(2) dt.30-04-2019 2/3 the door with the help of the police.

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 happens to be the mother-in-law of the deceased and only allegation against her is to torment the deceased along with her husband. There is no allegation of demand of dowry and to thrash the deceased against the petitioner. The aforesaid allegation of tormenting the deceased levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner herself has informed the in-laws people of the deceased on bolting the door inside by the deceased and the deceased was found hanging from the ceiling after breaking open the door with the help of the police. Petitioner happens to be a lady having no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S.

Patna High Court CR. MISC. No.27006 of 2019(2) dt.30-04-2019 3/3 Case No.15 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) T.Kr./- U T