Patna High CourtCR. MISC./33044/2016bail granted

Khushbu Devi v. The State Of Bihar

2016-10-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33044 of 2016 Arising Out of PS.Case No. -45 Year- 2014 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Khushbu Devi Wife of Madan Singh Resident of Village- Mal Bigha, P.S. Noorsarai, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and the State.

Petitioner being the wife of the elder brother of the husband of the victim is languishing in custody since 12.07.2016 in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code.

The prosecution case is that the informant got his daughter Bibha Devi married with Shailesh Kumar in 2013, thereafter torture was inflicted for non-fulfillment of further dowry demand. On 10.02.2014 the victim rang up the informant and conveyed about demand of dowry made by the accused persons. The informant's specific case is that the victim used to inform her parents that her husband has illicit

Patna High Court Cr.Misc. No.33044 of 2016 (4) dt.20-10-2016 relationship with his brother's wife Khushbu Devi (petitioner). Subsequently, the accused persons informed the informant that his daughter died in a road accident.

It is submitted by the learned counsel for the petitioner that accusation is omnibus and general against the petitioner. The husband of the victim has been granted bail in view of the fact that subsequently the informant and others have retracted from the initial accusation. It is further submitted that with similar accusation Ramdeo Prasad, the father of the husband of the victim has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 29301 of 2014.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Rahui (Wena) P.S. Case No. 45 of 2014.

(Dinesh Kumar Singh, J) P.K./- U T