Jai Pati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35184 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Jai Pati Devi, Wife of Bhadai Sah Resident of Village- Chandan Bara, P.S.- Dhaka, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the mother of the husband of the victim, is languishing in custody since 08.03.2019 in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The prosecution case is that the daughter of the informant, Guriya Khatoon was married with the son of the petitioner, Sriram Sah about one and half years prior to the lodging of the present case, but due to the non-fulfillment of further demand of dowry the torture was inflicted upon the daughter of the informant and ultimately, she was killed. It is submitted by learned counsel for the petitioner that, in fact, the son of the petitioner performed inter religion love marriage with the informant's daughter for which the

Patna High Court CR. MISC. No.35184 of 2019(2) dt.29-05-2019 2/2 informant earlier lodged Chainpur P.S. Case No. 04 of 2018 with accusation of kidnapping against the son of the petitioner and hence, there was no question of demand of dowry and inflicting torture. It is further submitted that the thrust of accusation is against the husband of the victim, investigation has already been concluded and petitioner is a lady. Learned APP submits that the petitioner is named in the FIR.

Considering the fact that the thrust of accusation is against the husband of the victim,investigation has already been concluded and petitioner being a lady, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned S.D.J.M., Sikrahana, Dhaka, East Champaran, Motihari in connection with Dhaka P.S. Case No. 81 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T