Soniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27764 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- KATORIYA District- Banka ====================================================== SONIYA DEVI S/o Jagdeo Yadav Resident of Village-Balony, Police StationKatoria, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Katoria Police Station Case No. 41 of 2020, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the daughter of the informant was married with the son of the petitioner about two years back and after some time, the petitioner, along with other accused persons started demanding Rs. 2,00,000/- by way of cash as dowry and due to nonfulfillment of the said demand, the daughter of the informant was killed by the petitioner and other accused persons and have also concealed the dead body of the informant's daughter.

Patna High Court CR. MISC. No.27764 of 2020(6) dt.24-02-2021 2/3 Learned Counsel for the petitioner submits that the petitioner, aged about 50 years, is the mother-in-law of the deceased and was living separately from her son. He next submits that the allegation against the petitioner is general and omnibus in nature. He next submits that the son of the petitioner is not under her control and from perusal of the F.I.R., it is apparent that the informant has raised suspicion that accused persons have killed the informant's daughter by inflicting knife blow on her neck; whereas the post mortem report suggests that the deceased has died due to some lacerated injury on her neck and also due to shock, hemorrhage and asphyxia. He next submits that the petitioner is in custody since 07.04.2020.

Having heard learned Counsel for the parties and taking into consideration the materials on record, the nature of allegation against the petitioner and the fact that the petitioner is the mother-in-law of the deceased and she is in custody since 07.04.2020, I am inclined to grant regular bail to the petitioner after completing one year in custody.

Let the petitioner, above named, be released on bail, after completing one year in custody, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.27764 of 2020(6) dt.24-02-2021 3/3 Magistrate, Banka, in connection with Katoria Police Station Case No. 41 of 2020.

This application is, accordingly, allowed to the extent indicated above.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √