Leela Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41286 of 2016 Arising Out of PS.Case No. -268 Year- 2016 Thana -SHERGHATY District- GAYA ======================================================

1. Leela Devi, wife of Umesh Yadav,

2. Samfulwa Devi, D/o Umesh Yadav, Both resident of Village- Gadhijam, P.S.- Dobhi, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2016 Heard both sides.

The petitioner apprehends his arrest in Sherghaty (Dobhi) P.S. Case No. 268/2016, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. The informant alleged that his daughter was married to Pramod Yadav on 26.04.2011, but Pramod Yadav was demanding a motor-cycle and Pramod Yadav along with his family members were subjecting his daughter to cruelty. The informant alleged that he got information on 11.06.2016 that his daughter was done to death.

Learned counsel for the petitioners submits that the petitioners are mother-in-law and married sister-in-law of the

Patna High Court Cr.Misc. No.41286 of 2016 (4) dt.21-12-2016 2/2 deceased. The marriage was solemnized in the year 2011. The husband was demanding motorcycle. There is no specific allegation against the petitioners that they ever demanded any additional dowry. Petitioners have no manner of concern with the family affairs of the deceased and her husband. Learned A.P.P. submits that the deceased was strangulated to death.

Having considered the facts aforesaid and the fact that the petitioners are mother-in-law and married sister-in-law and no specific allegation of demand of dowry and torture is made against the petitioners above-named, they are, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate Sherghaty, Gaya in connection with Sherghaty (Dobhi) P.S. Case No. 268/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T