Premani Devi @ Parmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39139 of 2015 Arising Out of PS.Case No. -68 Year- 2014 Thana -NAVHATTA District- SASARAM (ROHTAS) ======================================================
1. Premani Devi @ Parmani Devi W/o Ramprit Thakur, resident of villageBeraki, P.S.- Nauhatta, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-09-2015 Heard learned counsels for the petitioner Mr. Vhaskar Shankar along with Rakesh Singh, and learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Nauhatta P.S.Case No. 68/2014 registered for the offences punishable under Sections 304 (B)/ 201/34 of the I.P.C. and 3/4 of the Dowry Prohibition Act.
The prosecution case as per F.I.R. is that informant Rajesh Sharma lodged information before Nauhatta P.S. stating therein that his daughter, namely, Khusboo Kumari was married with Rakesh Sharma, son of the petitioner. When she went to her sasural house, the petitioner and other co-accused started torturing the victim for demand of dowry and ultimately the victim was
Patna High Court Cr.Misc. No.39139 of 2015 (2) dt.30-09-2015 2/3 killed by the accused persons and her dead body was disposed of before arrival of the informant with intention to save themselves. Learned counsel for the petitioner has been submitted that the husband of the victim Khusboo Kumari has been acquitted by the Trial Court in Sessions Trial No. 238/2015 on 28.07.2015. Learned counsel for the petitioners submits that the petitioner is the mother-in-law of the victim and no specific allegation of cruelty and torture has been made against her. It has further been submitted by the learned counsel for the petitioner that the father-in-law namely, Ram Prit Thakur of the victim has been granted privilege of anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 39438/2015 on 28.09.2015. It has been submitted that the allegations against the petitioner are same and similar as that of Ram Prit Thakur @ Ram Prit Sharma @ Premchand Sharma @ Premchand Thakur @ Thakur.
Considering the aforesaid facts, let the petitioner, namely, Premani Devi @ Parmani Devi, in the event of her arrest or surrender within a period of four weeks from today before the Court below be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sri Divesh Kumar, Judicial
Patna High Court Cr.Misc. No.39139 of 2015 (2) dt.30-09-2015 3/3 Magistrate, 1st class, Dehri, District- Rohtas in connection with Nauhatta P.S.Case No. 68/2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure (Nilu Agrawal, J) Sudha/- U T