Gaus Banu @ Gaus Bano v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57026 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Gaus Banu @ Gaus Bano, Wife of Md. Abdul Hasib @ Chhote Babu, resident of Village- Hariharpur, Ward No.- 1, P.S.- Kalyanpur, DistrictSamastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anjum Akhter For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2017 Heard the counsel for the petitioner, the informant and the State.

The petitioner who is mother-in-law of the deceased seeks bail in connection with Kalyanpur P.S. Case No. 134 of 2017 dated 04.09.2017 instituted for the offences under Sections 304B/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that from the reading of the F.I.R itself, it would appear that the deceased has committed suicide. During the course of investigation, most of the witnesses who were examined by the police have stated that the deceased committed suicide. One of the co-villagers, whose statement has been recorded in para 11 of the case diary, has stated that when rumors spread in the village that the deceased had committed suicide, he went to see the dead body.

Patna High Court Cr.Misc. No.57026 of 2017 (3) dt.21-12-2017 2/2 At that time the dead body was lying on a cot but the aforesaid witness learnt that the wire through which the deceased had hanged herself was cut into pieces by the family members of the deceased and the dead body was brought down.

There is no specific allegation against the petitioner and it is only stated in a general manner that the deceased was being harassed for bringing additional dowry. This Court has taken note of the fact that the deceased lived with her husband and others in her matrimonial home and also delivered a child, who is now three years of age. Considering the fact that the death is because of hanging and petitioner who is mother-in-law of the deceased is in custody since 04.09.2017, this Court is inclined to grant bail to the petitioner.

The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 134 of 2017.

(Ashutosh Kumar, J) Shageer/- U T