Dhuni Devi @ Dhuniya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3537 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Dhuni Devi @ Dhuniya Devi W/o Sri Laxaman Das Resident of Village - Vudhanpur, P.S.- Deoria, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in Deoria P.S. Case No. 51 of 2016 instituted for the offences under Section 304(B) of the Indian Penal Code. It has been submitted on behalf of the petitioner that the allegation against the petitioner being mother-in-law of the deceased is omnibus and general. The doctor has opined in the postmortem report that the deceased died due to asphyxia as a result of ante-mortem hanging. The daughter of the informant was married with Tarkeshwar Das on 07.03.2014. It is alleged that daughter of the informant was done to death in the matrimonial house for non-fulfilment of dowry demand. From the written report, it appears that there is general and omnibus allegation against

Patna High Court Cr.Misc. No.3537 of 2017 (2) dt.06-02-2017 2/2 the petitioner who is mother-in-law of the deceased. A copy of the postmortem report has been annexed as Annexure-3 of the petition which suggests that daughter of the informant died due to asphyxia as a result of ante-mortem hanging. In the facts and circumstances of the case, the 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 Deoria P.S. Case No. 51 of 2016, 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, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjay Priya, J) Shageer/- U T