Patna High CourtCR. MISC./28259/2018bail granted

Abha Devi v. The State Of Bihar

2018-07-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28259 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Abha Devi, W/o Shri Shobhakant Jha, Resident of Village- Parsa, P.S.- Jaynagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 304B/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. The daughter-in-law of this petitioner committed suicide and the suicide-note annexed with the supplementary affidavit, which was left by the deceased, does not reveal that suicide was direct result of the abetment or instigation of the petitioner. There is mention of general teasing by the family members, which resulted in commission of the suicide. Petitioner is in custody since 08.02.2018. She is mother-in-law of the victim. Husband of the victim is still absconding.

Patna High Court Cr.Misc. No.28259 of 2018 (4) dt.19-07-2018 P2/ Considering the entire facts of this case, let the petitioner, above named, be released on bail after framing of the charge or after four months from today whichever is earlier on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Jaynagar P.S. Case No.40 of 2018 with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T