Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44896 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== Shanti Devi wife of Pramod Prasad Resident of Village - Kodarkat, P.S.- Ghodasahan (Jitna), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-09-2019 The petitioner, who is mother-in-law of the deceased and is in custody since 06.05.2019 seeks bail in connection with Ghorasahan (Jitna) P.S. Case No. 154 of 2019 dated 05.05.2019 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code. The allegation in the F.I.R is of the deceased having been killed for non-fulfillment of dowry demand. The learned counsel for the petitioner has drawn the attention of this Court to the further statement of the informant, who narrates a different story and in fact makes the prosecution version

Patna High Court CR. MISC. No.44896 of 2019(3) dt.13-09-2019 2/3 absolutely suspect. The informant has admitted the fact that the marriage of his daughter (deceased) was scheduled to be solemnized with the elder son of the petitioner but marriage, instead was solemnized with the younger son because of the elder son having gone to jail in connection with some other incident. When the elder son of the petitioner came back home from the jail, he started insinuating the deceased for having married with his brother and not him.

The learned counsel for the petitioner submits that in this factual background, the possibility of the deceased having committed suicide also cannot be ruled out.

The postmortem report reveals death by strangulation.

In any view of the matter, since the petitioner is mother-in-law and is in custody since 06.05.2019, she is directed to be released on bail on her furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties

Patna High Court CR. MISC. No.44896 of 2019(3) dt.13-09-2019 3/3 of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, Motihari, East Champaran in connection with Ghorasahan(Jitna) P.S. Case No. 154 of 2019.

(Ashutosh Kumar, J) Shageer/- U T