Smt. Kaluni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5119 of 2021 Arising Out of PS. Case No.-198 Year-2019 Thana- MANER District- Patna ====================================================== SMT. KALUNI DEVI WIFE OF GAMA YADAV RESIDENT OF VILLAGE-DARBESHPUR,P.S-MANER,DISTRICT-PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. D.N. Singh, Advocate Ms. Sucheta Yadav, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-09-2021 Heard Mr. D.N. Singh, learned Advocate for the petitioner and Mr. Shailendra Kumar, learned APP for the State.
The petitioner seeks bail in anticipation of her arrest in connection with Maner P.S. Case No. 198 of 2019 dated 19.04.2019 instituted for the offences under Sections 304(B), 201 and 34 of the Indian Penal Code. She is the mother-in-law of the deceased. The accusation in the FIR is that the deceased was tortured for non-payment of dowry and ultimately was killed. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.5119 of 2021(2) dt.17-09-2021 2/3 submitted that an absolutely false case has been lodged against the petitioner and her other family members. The FIR is absolutely silent about the date and place of marriage. The deceased got married to the son of the petitioner in the year 2010 at Calcutta. This was a marriage out of love relationship between the deceased and her husband. The deceased has given birth to three children from the wedlock. It has thus been urged that the accusation of demand of dowry and consequent killing of the deceased is absolutely wrong. The victim was treated properly in her home.
Apart from this, it has been submitted that some of the other accused persons of this case viz. Shanti Devi and Ranjeet Kumar have been granted anticipatory bail by different Benches of this Court. The husband of the deceased was taken into custody but he has been granted regular bail by this Court in Cr. Misc. No. 20597 of 2020 on 05.10.2020. Regard being had to the aforestated facts, the
Patna High Court CR. MISC. No.5119 of 2021(2) dt.17-09-2021 3/3 petitioner is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Danapur, Patna in connection with Maner P.S. Case No. 198 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T