Vidyawati Kuer v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48383 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== Vidyawati Kuer W/o Late Om Prakash Gupta R/o village- Jamhore, Ward No.- 04, P.S.- Jamhore, District- Aurangabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-01-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Jamhore P.S. Case No. 57 of 2021 instituted for the offences under Sections 304(B), 120(B) and 34 of the Indian Penal Code. Learned senior counsel for the petitioner submits that the petitioner is in custody since 07.05.2021, is a person with clean antecedent, is the mother-in-law of the deceased and charge-sheet has been submitted in the case.
Learned senior counsel for the petitioner submits that allegation as alleged by the informant is that his sister was married to one Azad Gupta in the year 2019, after marriage she was being tortured for Rs. 2 lakhs, chain and a motorcycle by way of dowry by petitioner and Rani Kumari. Further, when
Patna High Court CR. MISC. No.48383 of 2021(2) dt.25-01-2022 2/3 informant had gone to meet his sister on 29.04.2021, he was threatened that anything can happen if demand is not met and later he came to know about the death of his sister and when he reached the place of occurrence, he saw his sister dead with thick black stain over the neck and accordingly the police was informed.
Learned senior counsel for the petitioner submits that the marriage was solemnised in the year 2019, whatever differences the deceased had, she had with her husband and just to give serious colour to the case, the sister-in-law and the mother-in-law of the deceased have been implicated alleging that they were demanding dowry when they are separate in mess and property from the husband of the deceased. Learned senior counsel further submits that though it is not pleaded in the bail application that the husband is in custody but during the pendency of the present bail application, husband of the deceased has been arrested and is in custody. The Court believes the submission of the learned senior counsel. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 07.05.2021, charge-sheet has been submitted in the case
Patna High Court CR. MISC. No.48383 of 2021(2) dt.25-01-2022 3/3 petitioner is a person with clean antecedent and is the mother-inlaw of the deceased, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Jamhore P.S. Case No. 57 of 2021.
(Satyavrat Verma, J) Rishi/- U T