Basanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52433 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Basanti Devi W/o Fuchan Yadav @ Lochan Yadav Resident of villageMahapur, P.S.- Jhajha, District- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar, Advocate. For the Opposite Party/s : Smt. Asha Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jhajha P.S. Case No. 110 of 2016 registered under Section 304B/34 of the Indian Penal Code.

As per the prosecution case, the daughter of the informant is said to have been burnt to death by her in-laws over dowry demand.

It is submitted by learned counsel for the petitioner that the petitioner happens to be mother-in-law of the deceased. She has become paralysed and is suffering from breast cancer. The allegation levelled against the petitioner is not specific rather omnibus. There is no eye witness of torturing the deceased by the

Patna High Court Cr.Misc. No.52433 of 2017 (3) dt.22-12-2017 2/2 petitioner. The petitioner has been languishing in custody since 20.07.2017.

On the other hand, it is submitted by learned APP that the witness before the I.O. has stated that the husband of the deceased had chided and assaulted her over biting of his she-goat by dog due to laches of the deceased and 2-3 hours later she was found dead and the accused persons including the petitioner were carrying the dead body of the deceased for its disposal. Considering the facts aforesaid, the above named petitioner 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 Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 110 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T