Rukmani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55547 of 2016 Arising Out of PS.Case No. -432 Year- 2016 Thana -BANKA District- BANKA ====================================================== Rukmani Devi, Wife of Arjun Yadav, resident of Village- Sanhoula, P.S. & District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Nurul Hoda, Advocate.

For the Opposite Party : Mr. Rajesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2017 Heard both sides.

The petitioner seeks bail in Banka P.S. Case No. 432 of 2016, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.

The informant alleged that he married his sister Sunita Devi with Sikandar Yadav six years ago but her husband and other in-laws were demanding dowry and on 27.05.2016 they poisoned his sister to death.

Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased. The deceased died her natural death. No external or internal injury was found in the postmortem. The petitioner moved for anticipatory bail in Cr. Misc. No. 43867 of 2016 along with her husband and two sons. Her

Patna High Court Cr.Misc. No.55547 of 2016 (5) dt.10-04-2017 2/2 husband and two sons namely Arjun Yadav, Birendra Yadav @ Birendra Kumar Yadav and Bipin Yadav @ Boudhi Yadav @ Bipin Kumar Yadav were granted anticipatory bail in Cr. Misc. No. 43867 of 2016 on 04.10.2016 but the anticipatory bail of the petitioner was rejected only on the ground that the petitioner is a lady and she must be inside the house at the time of death of the deceased. The petitioner is in jail since 03.11.2016. The husband of the deceased is in jail.

Considering the facts aforesaid and the facts that marriage was solemnized six years ago, no specific allegation is made against the petitioner and the petitioner being mother-in-law of the deceased is in jail since 03.11.2016 the petitioner above named 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 Chief Judicial Magistrate, Banka in Banka P.S. Case No. 432 of 2016.

(Prabhat Kumar Jha, J.) KKSINHA/- U T