Kajari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24794 of 2016 Arising Out of PS.Case No. -62 Year- 2015 Thana -PALI District- JEHANABAD ====================================================== Kajari Devi, Wife of Ramashis Yadav, Resident of Village - Bibipur, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2016 Heard both sides.

The petitioner apprehends her arrest in Pali P.S. Case No. 62/2015 registered under Sections 304(B), 201, 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.

The father of the deceased alleged that his daughter was married to Ranjit Yadav on 08.02.2015 but Ranjit Yadav demanded a motorcycle immediately after the marriage. The informant and his family members went to the in-laws' house of the deceased and tried to pacify the matter. The informant got information that on 13.12.2015 his daughter was killed and her dead body was thrown in a brinjal field from where the dead body was recovered. It is submitted that the petitioner is the mother-inlaw of the deceased. The informant did not make any allegation of

Patna High Court Cr.Misc. No.24794 of 2016 (3) dt.11-08-2016 2/2 demand of dowry and torture against the petitioner. The husband of the petitioner was demanding a motorcycle. Similarly situated co-accused Nitish Kumar, brother-in-law of the deceased, and Pinki Kumari, sister-in-law of the deceased, have already been granted anticipatory bail vide orders passed in Cr. Misc. Nos. 19223/2016 and 9578/2016. The case of the petitioner stands on the same footing and she is an old lady.

Considering the facts that there is no specific allegation of demand of dowry against the petitioner, who happens to be the mother-in-law of the deceased, and the husband of the deceased is in jail, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 Chief Judicial Magistrate, Jehanabad in Pali P.S. Case No. 62/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Dilip/- (Prabhat Kumar Jha, J) U T