Gorki Davi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43196 of 2021 Arising Out of PS. Case No.-259 Year-2019 Thana- DINARA District- Rohtas ====================================================== Gorki Davi Wife Of Hari Turha R/O Village- Medanipur, P.S.- Dinara, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Dinara P.S. Case No. 259 of 2019 corresponding to Sessions Trial No. 140 of 2021, registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code.

As per the prosecution case, niece of the informant was married with co-accused Umesh Turha on 30.05.2019 and after marriage, this petitioner along with other co-accused subjected her to physical and mental torture for dowry. Ultimately, on 10.09.2019 the informant got information on mobile that his niece has been burnt to death by the accused persons including this petitioner due to non-fulfillment of

Patna High Court CR. MISC. No.43196 of 2021(2) dt.29-10-2021 2/3 demand of dowry and they were taking the dead body of deceased for cremation.

It is submitted on behalf of the petitioner that petitioner is mother-in-law of the deceased. There is general and omnibus allegation. Husband of the deceased is already in custody. Death of deceased is accidental as while she was cooking food there was leakage of gas from cylinder due to which she sustained burn injury and she was taken to hospital, but during course of treatment she died. Petitioner is in custody since 30.01.2021 having no criminal antecedent. Chargesheet has already been submitted.

Counsel for the informant vehemently opposed the prayer for bail and submitted that there is allegation of demand of dowry and deceased died within one year of her marriage at her matrimonial house in other than normal circumstance. Considering the facts and circumstances of the case and the fact that petitioner is old lady mother-in-law of the deceased and there is general and omnibus allegation, the petitioner above-named, 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 the learned 13th Additional Sessions Judge, Rohtas at Sasaram in connection

Patna High Court CR. MISC. No.43196 of 2021(2) dt.29-10-2021 3/3 with Dinara P.S. Case No. 259 of 2019 corresponding to Sessions Trial No. 140 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T