Most. Rajiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38196 of 2016 Arising Out of PS.Case No. -255 Year- 2015 Thana -DAGARUA District- PURNIA ====================================================== Most. Rajiya Devi Wife of Late Prem Lal Yadav, R/o Village- Mirchai, P.S.- Dagaruwa, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-11-2016 Heard both sides.

The petitioner apprehends her arrest in Dagaruwa P.S. Case No. 255/2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The father of the deceased alleged that his daughter was married to Munna Yadav on 15.04.2012, but Munna Yadav was addicted to wine and he used to assault his wife. On 11.12.2015 his daughter requested him on telephone to bring her to his house, but her husband started abusing her. On the same day the informant got information that his daughter was serious and he found his daughter lying dead.

Leaned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. Save and except suspicion no

Patna High Court Cr.Misc. No.38196 of 2016 (6) dt.19-11-2016 2/2 allegation is made against the petitioner that petitioner ever assaulted the deceased. The informant did not allege about the demand of dowry.

Mr.

Ramesh Chandra learned A.P.P.

however, vehemently opposed the prayer for bail, but at the same time admitted that there is no specific allegation of assault against the petitioner who happens to be the mother-in-law of the deceased. Considering the facts aforesaid and the fact that the allegation is against husband of the deceased that he was assaulting his wife after taking wine, 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, Purnea in connection with Dagaruwa P.S. Case No. 255/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T