Shailo Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21451 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Shailo Devi W/o Ramphal Ram resident of Village - Bisheladdugama, P.S. - Benipatti, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 304 B, 120 B and 34 of the I.P.C Rubi Kumari, the daughter of the informant, was married to Rakesh Ram, the son of the petitioner on 24.05.2015 and allegedly due to non fulfillment of demand of dowry by way of motorcycle and cash of Rs. 1,50,000/- she was being tortured and ultimately she was strangulated to death with the rope. Submission is of false implication and that the petitioner is the old mother-in-law, she has got no concern with the deceased and her husband, she has been living separately from them, earlier no complaint was made regarding the alleged

Patna High Court Cr.Misc. No.21451 of 2016 (3) dt.15-07-2016 2/2 demand and torture, there is no specific allegation against the petitioner and co-accused Anu Devi @ Annu Devi has been allowed pre-arrest bail by another co-ordinate Bench of this Court, the petitioner is in custody since 30.11.2015, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. fairly submits that the petitioner is the mother-in-law and other co-accused similarly situated has been allowed pre-arrest bail by another co-ordinate Bench of this Court. In the facts and circumstances as stated above, the petitioner is also directed to 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 A.C.J.M. Benipatti, Madhubani in Benipatti P.S. Case No. 210 of 2015/ G.R. No. 295 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T