Kamali Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39720 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Kamali Devi Wife of Buttu Sao @ Buttu Resident of village - Bagahi, P.S. Fatehpur, District Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashish, Adv. For the Opposite Party/s : Mr. Anil Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2016 Heard both sides.

The petitioner apprehends her arrest in Fatehpur P.S. Case No. 101/2016, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The mother of the deceased made allegation that her daughter Basati Devi @ Sonia was married to Binod Sao in the year 2007, but after sometime, her husband and mother-in-law (petitioner) began to demand dowry and they started torturing her daughter. It is further alleged that Binod Sao always torturing her daughter and also threat to kill her. On 12.04.2016 she came to know that her daughter was killed.

It is submitted that the petitioner is mother-in-law of the deceased. Although there is allegation that the petitioner was also

Patna High Court Cr.Misc. No.39720 of 2016 (2) dt.19-09-2016 2/2 demanding dowry, but the informant has made very specific allegation that Binod Sao husband of the deceased was always assaulting her and even on 11.04.2016 he threatened to kill her daughter. Petitioner has no manner of concern with the family affairs of the deceased and her husband. Deceased has got two sons.

Considering the facts aforesaid and the fact that petitioner is a lady and mother-in-law of the deceased, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Additional Chief Judicial Magistrate Xth, Gaya in connection with Fatehpur P.S. Case No. 101/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T