Putul Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51494 of 2019 Arising Out of PS. Case No.-289 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== Putul Devi W/o Vidya Prakash Resident of Village - Mandra, P.S.- Roh, Dist.- Nawada ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Arvind Kumar Mouar, Advocate For the Opposite Party :

Mr.Mohammad Sufyan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner, who happens to be the mother-in-law of the deceased, seeks pre-arrest bail in a case registered for the offence under sections 304B/34 of the Indian Penal Code. The informant alleges that he had married his daughter to the petitioner's son in 2017 and the dowry demand was started soon thereafter and for non-fulfilment of the same, the petitioner along with her son (husband of the deceased) started torturing his daughter at Kolkata residence. The informant further alleges that when his wife and son rushed to Kolkata residence to meet the victim, the petitioner and other accused persons assaulted them with knife for which a police case was also filed in Itali Police Station at Kolkata. Thereafter, the accused persons also ousted the victim from her matrimonial house. It is alleged that on account of continuous torture, the victim, out of sheer frustration, committed suicide by hanging herself at the parental house.

Learned counsel for the petitioner, refuting the allegation, submits that the victim was in fact suffering from

Patna High Court CR. MISC. No.51494 of 2019(4) dt.04-12-2019 2/2 Schizophrenia, a mental disorder for which she was under treatment at Kanke, Ranchi. He submits that the petitioner has no role in the alleged suicide committed by the victim and the instant case has been lodged to extort money from her. There is direct allegation of demand of dowry and committing torture against the petitioner. As such, I am not inclined to grant privilege of bail to the petitioner. Prayer for pre-arrest bail is refused with direction to surrender and seek regular bail within a period of six weeks from today, which would be disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T