Patna High CourtCR. MISC./29773/2016bail granted

Rita Devi v. The State Of Bihar

2016-09-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29773 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Rita Devi, W/o Late Ramesh Mandal, resident of Village- Bansbari, P.S Araria, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-09-2016 Heard both sides.

The petitioner apprehends his arrest in Araria P.S. Case No. 134/2016 registered under Section 304(B)/34 of the Indian Penal Code.

The brother of the deceased alleged that his sister was married to Vikash Mandal one year ago. Vikash Mandal and his brother Kailash Mandal asked his sister to bring Rs. 50,000/- and due to non-fulfillment of demand of dowry, they were assaulting and torturing his sister. It is alleged that Vikash Mandal, Kailash Mandal and the petitioner strangulated his sister to death. Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased. No allegation of torture is made against the petitioner. There is specific allegation against the husband and the brother-in-law of the deceased that they were

Patna High Court Cr.Misc. No.29773 of 2016 (2) dt.05-09-2016 2/2 torturing her.

Considering the facts that the petitioner is the mother-in-law of the deceased and no specific allegation is made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned 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 the learned Chief Judicial Magistrate, Araria in Araria P.S. Case No. 134/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T