Sas Laxaminiya Devi @ Laxaminiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25313 of 2016 Arising Out of PS.Case No. -315 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== SAS LAXAMINIYA DEVI @ LAXAMINIYA DEVI, Wife of Baran Yadav, resident of village- Sundra Bigha, P.S.- Islampur, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate. For the Opposite Party/s : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 Heard both sides.

The petitioner apprehends her arrest in Islampur P.S. Case No. 315 of 2015 registered under Sections 304(B), 201/34 of the Indian Penal Code.

The informant alleged that his daughter was married to Ajay Prasad in the year 2010. It is alleged that her husband and other in-laws were torturing her and the informant got information that the husband of her daughter took her to the market but thereafter his daughter did not return. Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased. There is no specific allegation of demand of dowry and torture against the petitioner. Even during the period of five years, the informant did not make any sort of allegation nor lodged any case. The petitioner is living separately from the husband of the

Patna High Court Cr.Misc. No.25313 of 2016 (3) dt.18-08-2016 2/2 deceased. It has come that the husband of the deceased took the deceased to the market and thereafter she did not return nor her dead body was recovered.

Considering the facts aforesaid and the fact that no specific allegation of demand of dowry and torture is made against the petitioner and the petitioner is the mother-in-law of the deceased, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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 A.C.J.M., Hilsa, Nalanda in Islampur P.S. Case No. 315/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T