Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62927 of 2018 Arising Out of PS. Case No.-588 Year-2018 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mamta Devi Wife of Indradeo Yadav Resident of Village-Ward No.15, P.S.- Sheikhpura,Distt.-Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed. Rizwanul Haque, Adv For the State :

Mr. Sri Madhuranand Jha, APP For the Informant :

Mr. Anil Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner seeks bail in Sheikhpura P.S. Case No. 588 of 2018 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of killing the sister of the Informant for non fulfillment of demand of dowry alongwith FIR named accused.

It has been submitted on behalf of the petitioner that she has committed no offence and has been falsely implicated in this case. It has been further submitted that the petitioner is the Mother-in-Law of the deceased. The petitioner has informed about the incident to the Informant. In the Post Mortem Report,

Patna High Court Cr.Misc. No.62927 of 2018(3) dt.22-11-2018 2/2 Doctor has opined death due to Asphyxia as a result of hanging. Petitioner has got no criminal antecedent and is in custody since 30.08.2018.

Learned counsel for the Informant vehemently opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Sheikhpura, in connection with Sheikhpura P.S. Case No. 588 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U