Patna High CourtCR. MISC./41222/2016bail granted

Jyoti Devi v. The State Of Bihar

2016-10-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41222 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -ASTHAWA District- NALANDA (BIHARSHARIFF) ======================================================

1. Jyoti Devi W/o Ravi Bhushan Kumar, resident of Village Ugwan, P.S.- Asthawan, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sucheta Yadav For the Opposite Party/s : Mr. Daya Nand Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2016 Heard both sides.

The petitioner apprehends her arrest in Asthawa P.S. case No. 7/2016 under Section 304B/34 of the Indian Penal Code. The informant, brother of the deceased, alleged that his sister was married on 31.05.2015 and went to her Sasural but her husband started demanding Rs. 5 lacs for getting job. The informant alleged that his sister disclosed that her husband and other in-laws, including the petitioner, were torturing her. On 21.01.2016, father-in-law of the deceased informed the informant about the death of his sister.

It is submitted that petitioner is sister-in-law (Gotini) of the deceased and petitioner has no manner of concern with the family affairs of the deceased. The informant made allegation against the husband of deceased that he was demanding Rs. 5 lacs.

Patna High Court Cr.Misc. No.41222 of 2016 (2) dt.06-10-2016 2/2 The informant did not make any specific allegation against the petitioner. On similar allegation, Smt. Sita Devi, mother-in-law of the deceased, has already been granted anticipatory bail vide order dated 23.09.2016 passed in Cr. Misc. No. 40888 of 2016. It appears that case of the petitioner stands on same footing. The petitioner happens to be sister-in-law of the deceased and no specific allegation is made against her. Considering the facts aforesaid and the nature of allegations made against the petitioner, 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, Nalanda at Biharsharif in Asthawa P.S. Case No. 7 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.