Laljhariya Devi @ Phuljhariya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41859 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -ASAWAN District- SIWAN ======================================================
1. Laljhariya Devi @ Phuljhariya Devi Wife of Bihari Ram Resident of Village-Sahasaraon, P.S.-Assaon, District-Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-01-2015 Heard counsel for the petitioner and learned APP for the State.
The petitioner herein is facing accusation punishable under sections 498-A, 304-B, 201 and 120-B of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. According to the prosecution, the deceased was married to one Mithun Ram. It was a love marriage. Soon after she arrived in the matrimonial home there was demand of dowry. On account of non fulfilment thereof she was done to death and dumped into a well. The dead body was recovered therefrom. Counsel for the petitioner submits that the petitioner is the cousin grand mother and there is no direct interference in the family affairs of the husband of the deceased. It has further been
Patna High Court Cr.Misc. No.41859 of 2014 (2) dt.21-01-2015 2 / 2 pointed out that she is handicapped and aged about more than seventy years. The allegation against her is general and omnibus. She is in custody since 06.07.2014.
In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Assaon P.S. Case No. 28 of 2014 subject to the condition that one of the bailors shall be her own/close family member. (Kishore Kumar Mandal, J) HR/- U