Lalita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15812 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================
1. Lalita Devi Wife of Late Anil Singh Resident of Village - Pandit Tola, Police Station - Sikandra, District - Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-05-2017 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.
The petitioner seeks bail in Sikandara P.S. case No. 127 of 2016 under Section 304B/34 of the Indian Penal Code. The brother of the deceased alleged that his sister was married to Raj Kumar on 26.11.2015 and his sister went to her Sasural but her husband, mother-in-law, brother-in-law and sister-in-law started subjecting her to physical and mental torture due to non-fulfillment of additional demand of dowry. The informant further alleged that petitioner, Lalita Devi, called the deceased on the pretext of performing Puja and the deceased rang the informant on 23.08.2016 that family members were talking to
Patna High Court Cr.Misc. No.15812 of 2017 (3) dt.10-05-2017 2/3 do away with her. On the next date, the informant got information that his sister was killed.
The learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. She is an old lady. Only one injury around the neck was found on the body of the deceased and the deceased is opined to be died on account of asphyxia due to hanging. No other injury was found on the person of the deceased.
On the other hand, the learned counsel for the informant as well as the learned Additional Public Prosecutor submitted that it was the petitioner who, being mother-in-law of the deceased, called her from her Naihar and thereafter the deceased was killed due to non fulfillment of demand of additional dowry.
It appears from perusal of the records that the petitioner and all other family members are made accused in the case. Of course, the deceased died within one year of her marriage in her Sasural but only one bruise around the neck of deceased was found and the deceased died due to asphyxia on account of hanging. No other injury was found on the person of the deceased. Considering the facts aforesaid and the fact that petitioner is an old lady and she is in jail since 23.12.2016, the
Patna High Court Cr.Misc. No.15812 of 2017 (3) dt.10-05-2017 3/3 above named petitioner 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 Additional Chief Judicial Magistrate-II, Jamui in Sikandara P.S. Case No. 127 of 2016.
(Prabhat Kumar Jha, J) BKS/- U T