Mira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41180 of 2022 Arising Out of PS. Case No.-55 Year-2021 Thana- SISWAN District- Siwan ====================================================== Mira Devi W/o Ratan Manjhi @ Ratan Lal Manjhi Resident of Village - Pachbhinda, P.s.- M.H.Nagar, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh, Advocate For the State :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Siswan (M.H. Nagar) P.S. Case No. 55 of 2021 registered for the offence under Sections 304(B) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 16.06.2022.

The allegation against the petitioner is to cause death of married sister of the informant due to non-fulfillment of demand of dowry, alongwith other co-accused persons/family members.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.41180 of 2022(3) dt.19-11-2022 2/3 submitted that petitioner is the mother-in-law, who is living separately, having no connection with the daily and domestic affairs of the deceased and her husband. It is submitted that this is a case of suicide out of family frustration, which is apparent from the post mortem report, as no external injury was noticed, it can be safely gathered that the deceased was not subjected to physical assault/cruelty soon before the occurrence. It is submitted that the deceased committed suicide out of her married life frustration, as she solemnized her marriage out of love affairs, which failed to get its shape of love and caring with passage of time, as it was expected. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as petitioner is the mother-in-law, living separately, having no connection with the daily and domestic affairs of the deceased and her husband coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is

Patna High Court CR. MISC. No.41180 of 2022(3) dt.19-11-2022 3/3 directed to be released on bail in connection with Siswan (M.H. Nagar) P.S. Case No. 55 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T