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Patna High CourtCR. MISC./51750/2014bail granted

Kendula Devi v. The State Of Bihar

2015-05-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51750 of 2014 Arising Out of PS.Case No. -99 Year- 2013 Thana -GWALPARA District- MADHEPURA ====================================================== Kendula Devi, Wife of Sri Abdhesh Jha, Resident of Village - Pirnagar, P.S.- Gwalpara, District - Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kumar Jha, Advocate For the Opposite Party/s : Ms. Gulnar Begum(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner, being the mother-in-law of the deceased, is apprehending his arrest in connection with Gwalpara P.S. Case No.99 of 2013 for allegedly having committed the offences under Sections 304B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the husband of the deceased is in custody and there is no cogent evidence in the case diary so as to indicate that the mother-inlaw had, in fact, been torturing the deceased lady. Learned counsel for the petitioner further submits that the independent witness has stated that actually there was a dispute/quarrel

Patna High Court Cr.Misc. No.51750 of 2014 (3) dt.21-05-2015 2/2 between the husband and the wife, which led the deceased to commit suicide in a fit of fury.

Learned counsel for the State also submits that it has come on record that the lady in question had taken poison after quarrelling with her husband.

Considering the facts and circumstances, let the above named petitioner, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Madhepura, in connection with Gwalpara P.S. Case No.99 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T