Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40402 of 2014 Arising Out of PS.Case No. -72 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Parwati Devi, W/o Late Laxman Bhagat, village-Sugaon Badhai Tola, P.S.- Sugauli, Dst-East Cahamparan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Braj Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2015 Heard learned counsel for the petitioner as well as learned A.P.P. and learned counsel for the informant. The petitioner apprehends her arrest in a case under section 304-B and other sections of the Indian Penal Code. The father of the deceased alleged that his daughter Poonam Devi was married to Baliram Bhagat on 7th June, 2010, but the accused persons were demanding dowry and tortured her. The informant got information on 9-3-2014 that his daughter was done to death.

Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased. The petitioner never demanded any dowry. During the period of four years

Patna High Court Cr.Misc. No.40402 of 2014 (2) dt.26-03-2015 2 / 2 before death and after the marriage of the deceased with Baliram Bhagat, neither the deceased nor her parents made any allegation of demand of dowry and torture. The deceased herself committed suicide.

On the other hand, learned counsel for the informant submits that the mother-in-law also played a part in killing her daughter-in-law.

Having considered the facts that the informant did not make any specific allegation against the petitioner and the informant or his daughter did not make any allegation of demand of dowry and torture before her death and after marriage, it is directed that in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, the above named petitioner shall 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 Chief Judicial Magistrate, East Champaran at Motihari, in connection with Sugauli P.S. Case No. 72 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.

B.Roy/- (Prabhat Kumar Jha, J) U