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Patna High CourtCR. MISC./52703/2017bail granted

Shakuntala Devi v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52703 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Shakuntala Devi W/o Late Ramashish Yadav, R/o Village- Baso Khandha (Rashalpur), P.S.- Noorsarai, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Suresh Prasad Singh For the Informant/s : Mr. Pramod Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsels for the petitioner, informant and APP for the State.

The petitioner seeks bail in connection with Noorsarai P.S. Case No. 136 of 2017 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The petitioner is said to have committed dowry death of the sister of the deceased and disposed of her dead body along with husband of the deceased.

It is submitted by the learned counsel for the petitioner that the petitioner happens to be mother-in-law of the deceased. No such occurrence as alleged ever took place. As a matter of fact, the deceased has died due to cardiac arrest. By

Patna High Court Cr.Misc. No.52703 of 2017 (3) dt.12-12-2017 2/2 filing the death certificate of the deceased issued by Shivam Hospital, Kankarbagh, Patna, the petitioner has submitted that the deceased was admitted in the said hospital on 31.05.2017 at 01:39 PM and has died due to cardiao respiratory failure on the said date at 07:00 PM and her dead body was received by the informant himself. The petitioner has been languishing in custody since 16.08.2017.

On the other hand, it is submitted by the learned counsel for the informant that the petitioner along with her son has committed murder of the deceased over dowry demand and disposed of her dead body.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Biharsharif, Nalanda in connection with Noorsarai P.S. Case No. 136 of 2017.

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