Sharda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41616 of 2014 Arising Out of PS.Case No. -112 Year- 2014 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Sharda Devi, Wife of Ramjit Sah, Resident of Village - Kiratpur Rajaram, P.S. - Bhagwanpur, Distt. - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh, Advocate. For the Opposite Party/s : Mr. Pushpa Sinha No.2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2015 Heard learned counsel for the petitioner, State as well as for the informant.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 112 of 2014, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code. The father of the deceased alleged that his daughter was married to Dhananjay Sah the son of the petitioner about two years ago, but her husband and in-laws killed her and cremated the dead body.

Learned counsel for the petitioner submits that the informant did not make any specific allegation either of demand of dowry and torture against the petitioner during the life time of the

Patna High Court Cr.Misc. No.41616 of 2014 (3) dt.05-02-2015 deceased. Neither the deceased nor her parents made any complaint about the demand of dowry and torture. The husband of the deceased is in jail. The petitioner being the mother-in-law of the deceased is in jail since 01.06.2014.

On the other hand, learned counsel for the informant submitted that the petitioner is mother-in-law and the witnesses have also stated that she was demanding dowry. The petitioner has stated that her daughter-in-law died due to chest pain, but the husband of the deceased disclosed that his wife died due to burn injury.

On considerations of the facts that the informant has not made any allegation of demand of dowry and torture against the petitioner and after death the informant made omnibus and general allegation of demand of dowry, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Bhagwanpur P.S. Case No. 112 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T