Smt. Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40643 of 2014 Arising Out of PS.Case No. -83 Year- 2014 Thana -BHOREY District- GOPALGANJ ====================================================== Smt. Sharda Devi .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.42725 of 2014 Arising Out of PS.Case No. -83 Year- 2014 Thana -BHORE District- GOPALGANJ ====================================================== Rajesh Baitha .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.40643 of 2014) For the Petitioner : Mr. Dhramveer, Advocate. For the Opposite Party : Mr. Indu Kumari Srivastava (App) (In Cr.Misc. No.42725 of 2014) For the Petitioner : Mr. Dhramveer, Advocate. For the Opposite Party : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2015 Heard learned counsels for the petitioners and the State.

The petitioners being the mother-in-law and the husband of the victim are languishing in custody since 01.06.2014 in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after two years of marriage for non-

Patna High Court Cr.Misc. No.40643 of 2014 (3) dt.20-01-2015 2 / 3 fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the witnesses in paragraph nos. 28 to 32 of the case diary have deposed that the victim had some relationship with some boy as a result the husband snatched the Mobile and thereafter she went on the roof of the house when the victim locked the door from inside and committed suicide.

It is submitted by learned counsel for the informant that the death has taken place even after two years of marriage and torture was inflicted prior to occurrence for non-fulfillment of dowry demand. The post mortem reflects ligature mark on the neck.

Considering the nature of accusation and the fact that the accusation is not specific against the petitioner Smt. Sharda Devi, let her be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, in connection with Bhorey P.S. Case No. 83 of 2014. Since the petitioner Rajesh Baitha is the husband of the victim, this Court is not inclined to grant bail to him in connection with Bhorey P.S. Case No. 83 of 2014, pending in the court of the learned C.J.M., Gopalganj.

Patna High Court Cr.Misc. No.40643 of 2014 (3) dt.20-01-2015 3 / 3 The prayer for bail of petitioner Rajesh Baitha is rejected.

Let the trial be expedited.

U.K./- (Dinesh Kumar Singh, J) U T