Mina Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.50472 of 2016 (3) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50472 of 2016 Arising Out of PS.Case No. -8 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Mina Devi Wife of Rameshwar Rai, resident of Village Narwara, P.S. Baruraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner is apprehending his arrest in connection with Baruraj P.S. Case No. 08 of 2015 registered for the offence punishable under Sections 304(B) and 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. 3.

Accusation is of murder of daughter of the informant on account of non-fulfillment of demand of dowry. 4.

Learned counsel for the petitioner has submitted that there is general omnibus allegation against this petitioner, who happens to be mother-in-law of the deceased. No specific allegiant of demand of dowry and overt act has been made against this petitioner. In fact her son namely Satrughan Rai, who happens to

Patna High Court Cr.Misc. No.50472 of 2016 (3) dt.10-02-2017 be the husband of the deceased, was married with the informant's daughter and they lived separately. This petitioner has no concern with the internal affairs of her son and daughter-in-law, deceased. Moreover the husband of the deceased has already been taken into custody. From perusal of the case diary, it appears that no specific case is made out against this petitioner nor any witnesses has supported the implication of this petitioner in the alleged occurrence, which would be evident from paragraphs 2, 5, 22, 23 and 24 of the case diary.

5.

Considering the facts and circumstances of the cae and the nature of allegation made against this petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of S.D.J.M., East Muzaffarpur in connection with Baruraj P.S. Case No. 8 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T