Premlata Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40076 of 2016 Arising Out of PS.Case No. -216 Year- 2014 Thana -BELDAUR District- KHAGARIA ====================================================== Premlata Devi W/o Ashok Singh, Resident of village - Sattma, Satyanarayan Singh Basa, P.S. Beldaur, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, who is the mother-in-law of the deceased, Bebi Devi, apprehends her arrest in connection with Beldaur P.S. Case No. 216 of 2014 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. The prosecution case, in brief, is that informant got his niece, Bebi Devi married with Brajesh Singh. After marriage, deceased went to her matrimonial home, where accused persons started torturing her and ultimately killed her by administering poison due to non-fulfilment of demand of dowry. It has been submitted by the learned counsel for the petitioner that she is innocent and has falsely been implicated

Patna High Court Cr.Misc. No.40076 of 2016 (2) dt.30-09-2016 2/2 in the aforesaid case. He submits that the petitioner is an old and infirm lady and was not living with the deceased and her son, who were living in Delhi. It has further been submitted that the allegation of demand of dowry and torture is against the husband of the deceased. Counsel for the petitioner submits that petitioner is innocent and there is no chance of her absconding, as she is permanent resident of the district.

However, learned A.P.P. for the State submits that petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the petitioner is mother-inlaw of the deceased and there is no definite allegation against her, let the petitioner, named above, in the event of her arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No. 216 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Nilu Agrawal, J.) Arjun/- U T