Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1409 of 2017 Arising Out of PS.Case No. -126 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== Rekha Devi, Wife of Ram Shekhar Singh @ Dahu Singh, Resident of Village-Ramdiri, Ramnagar, Police Station-Matihani, District-Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party : Mr. Chaubey Jawahar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends her arrest in Matihani P.S. Case No. 126 of 2015 instituted for the offence under Sections 304(B)/34 of the Indian Penal Code.

From the written report itself it appears that the informant alleged that his niece was done to death by strangulation in her sasural by her husband and other accused persons for nonfulfillment of demand of dowry. Learned A.P.P. has pointed out that in case diary the postmortem report is available, wherein it has been stated by the doctor that death has been caused due to asphyxia by hanging. The counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.1409 of 2017 (3) dt.03-02-2017 2/2 informant has also filed a petition in the lower court as Annexure2 stating therein that her daughter died due to committing suicide. The petitioner is mother-in-law of the deceased. There is no allegation of any specific overt act against the petitioner. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Matihani P.S. Case No. 126 of 2015, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T