Devkali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37076 of 2019 Arising Out of PS. Case No.-59 Year-2018 Thana- TISIAUTA District- Vaishali ====================================================== Devkali Devi Wife of Sudhir Sahni Resident of Village- Mansinghpur Bighrauli, P.S.- Tisiauta in the District of Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar, Advocate For the Opposite Party :

Mr.Prem Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends her arrest in a case registered for the offence punishable under Section 304B/201/34 of the Indian Penal Code.

Informant alleges that his daughter was done to death and the dead body was disposed of secretly by the petitioner and her family members on account of his non-fulfillment of dowry demand of motorcycle and chain.

Learned counsel for the petitioner submits that the petitioner, who is mother-in-law of the victim, has falsely been implicated in this case as she lives separately from the victim and her husband and she has nothing to do with their affairs. Further, allegations are general and omnibus against the petitioner and in fact no occurrence as alleged in the FIR had

Patna High Court CR. MISC. No.37076 of 2019(3) dt.14-08-2019 2/2 taken place and the victim died due to diarrhea. He further submits that the husband of the victim had communicated the news of her death to the informant to which the informant had also participated in her last rites.

Considering the facts of the case, let the petitioner, above named, in the event of her arrest/surrender before the Court below within a period of six weeks from the date of receipt of the 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 Additional Chief Judicial Magistrate-IX, Vaishali at Hajipur in Tisiauta Police Station Case No. 59 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) Shashi U T