Devrati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54510 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Devrati Devi, wife of Shanker Yadav, Resident of Village- Banhaura, P.S.- Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 28-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Nautan P.S. Case No.148 of 2016 registered under Sections 302/34 of the Indian Penal Code.

The accusation is of killing the deceased, the sister of the informant, for non fulfillment of the dowry demand, by her husband and other in-laws including the petitioner on 17.06.2016, with further accusation that the husband of the deceased, the sister of the informant, and this petitioner fled away with the niece of the informant. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the mother-in-law of the deceased, the sister of the informant, and has falsely been implicated in this case. The

Patna High Court Cr.Misc. No.54510 of 2016 (3) dt.28-01-2017 2/2 petitioner is in custody since 28.09.2016. Further submission is that the marriage of the deceased, the sister of the informant, was performed with Shrikant Yadav in the year 2005 and, as such, the question of torturing and killing the deceased, the sister of the informant, after eleven years of her marriage, for non fulfillment of the dowry demand, does not arise. It is further submitted that in the post-mortem examination of the deceased, the sister of the informant, only two bruises, one on her shoulder and another on her forehead, superficial in nature, were found. The co-accused Shankar Yadav, the husband of the petitioner (the father-in-law of the deceased, the sister of the informant), has already been granted bail by a Bench of this Court vide order dated 09.01.

2017 passed in Criminal Misc. No.42705 of 2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Nautan P.S. Case No.148 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T