Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41599 of 2014 Arising Out of PS.Case No. -105 Year- 2013 Thana -LAUKHI District- MADHUBANI ======================================================

1. Sita Devi Wife of Yogendra Yadav Resident of Village - Karhari, P.s.- Laukahi, District - Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Rita Verma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-06-2015 Heard the Counsel for the petitioner and the APP for the State.

The petitioner is facing accusations in Laukahi P.S. Case No. 105 of 2013 punishable under Sections 304B and 201 of the Indian Penal Code.

The victim was married to Jitendra Yadav around 15 years ago. The wedlock produced at least two siblings. The father of the victim has lodged the case alleging that her daughter was done to death in the matrimonial home on account of nonfulfilment of the demand of dowry. Counsel for the petitioner submits that the F.I.R. itself indicted that information regarding the death of the deceased was given to him. It is unnatural on the part of the informant to allege that even after 15 years of marriage, there was any such demand. The petitioner being the mother-in-law of the victim is taking care

Patna High Court Cr.Misc. No.41599 of 2014 (6) dt.23-06-2015 2/2 of the two siblings of the deceased. Except the suspicion, there is nothing on record to implicate her. Some of the other accused persons of the case have since been released on regular bail. Considering the aforesaid, I direct that in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jhanjharpur, Madhubani in Laukahi P.S. Case No. 105 of 2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T