Manti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70093 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- JAMHOR District- Aurangabad ====================================================== Manti Devi, Wife of Manish Singh, Resident of Village-Dharampura, .S.- Jamhore, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sharma, Adv.

For the Opposite Party/s :

Mrs. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-12-2018 Heard learned counsels for the petitioner and the State.

The petitioner, being the wife of the brother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B and 379/34 of the IPC. The prosecution case, as per the written report of Ram Birendra Sharma, dated 23.07.2018, submitted to the Station House Officer, Jamhore Police Station, is to the effect that the informant's daughter, namely, Kavita Devi was married with Subodh Kumar in the year 2013, but after marriage, torture was

Patna High Court Cr.Misc. No.70093 of 2018(2) dt.06-12-2018 2/3 inflicted on her for non-fulfillment of the dowry demand. Subsequently, the daughter of the informant was killed on 22.07.2018. It is alleged against the petitioner that she is having illicit relationship with the husband of the victim. It is submitted by learned counsel for the petitioner that the petitioner happens to be the wife of the elder brother of the husband of the victim. Thrust of accusation is against the husband of the victim. It is further submitted that the postmortem report does not reflect any external injury and the medical board could not ascertain the cause of death of the victim, hence viscera has preserved and only on the basis of suspicion, the accusation has been levelled against the petitioner. A statement has been made in paragraph no.

3 of the petition that the petitioner is not having any criminal antecedent. Considering the suspicious nature of accusation and the thrust of accusation against the husband of the informant, coupled with the fact that actual cause of the death of the victim could not be ascertained, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

Patna High Court Cr.Misc. No.70093 of 2018(2) dt.06-12-2018 3/3 satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 82 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T