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Patna High CourtCR. MISC./25623/2018bail granted

Shanti Devi v. The State Of Bihar

2018-05-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25623 of 2018 Arising Out of PS. Case No.-356 Year-2016 Thana- BIRAUL District- Darbhanga ====================================================== Shanti Devi, Wife of Late Sobha Kant Jha, Resident of Village-Itawa Shivnagar, P.S.-Biraul, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Kumar Jha For the Opposite Party/s :

Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of her arrest in connection with Biraul P.S. Case No. 356 of 2016 dated 22.10.2016 instituted for the offences under Sections 306/34 of the Indian Penal Code.

The brother of the deceased has lodged the F.I.R. alleging that because of the bad treatment meted out to his sister for non-fulfillment of the demand of dowry, she committed suicide. The aforesaid information was given to him by his brother-in-law.

Learned counsel for the petitioner has submitted that a vague allegation has been levelled in the F.I.R. There is no prior history of any bad treatment to the deceased. The deceased may have committed

Patna High Court Cr.Misc. No.25623 of 2018(2) dt.04-05-2018 2/2 suicide because of some other problems and only because a lady has committed suicide in her matrimonial home, that by itself would not lead to the conclusion that it was only because of the abetment by her mother-inlaw that she committed suicide. Learned counsel for the petitioner has also informed this Court that the husband of the deceased has been granted bail by a bench of this Court. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, 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, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biraul, District - Darbhanga in connection with Biraul P.S. Case No. 356 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) Krishna/- Ved/- U T