Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63240 of 2024 Arising Out of PS. Case No.-770 Year-2022 Thana- MASAUDHI District- Patna ====================================================== Manju Devi, Wife Of Late Vishnu Lal, R/V-Sikatiya Taranpur, P.S-Alinagar Dist -Chandauli (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Advocate For the State :

Mr. Anand Kishore Choudhary, APP For the Informant :

Mr. Gajendra Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

02. In the present case, the petitioner seeks bail in connection with Masaurhi P.S. Case No. 770 of 2022 registered for the alleged offences under Section 306 of the Indian Penal Code.

03. As per prosecution case, daughter-in-law of the petitioner committed suicide in her parental home and it is alleged that the petitioner and other co-accused persons used to demand dowry and torture her on this account.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The occurrence took place on 10.09.2022 and the FIR has been lodged on 16.11.2022 without any satisfactory explanation.

Patna High Court CR. MISC. No.63240 of 2024(2) dt.30-08-2024 2/3 Transcript of What's App chat has been annexed with the FIR which shows there has been no such dowry demand. Rather the chat shows a good relationship between the deceased and her husband. Learned counsel further submits that perhaps the daughter of the informant committed suicide due to depression and there is no material to show abetment by the petitioner. Petitioner is having clean antecedent. Petitioner is in custody since 12.07.2024.

05. Learned APP as well as learned counsel for the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant further submits that Section 304B read with Section 498A of IPC have been incorporated though the case was initially registered under Section 306 of IPC. Learned counsel further submits that there is specific allegation of torture related to dowry demand against the petitioner and other in-laws who were demanding a four wheeler.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is the mother-in-law of the deceased and there is specific allegation in the FIR about deceased committing suicide at her maternal home and further considering the

Patna High Court CR. MISC. No.63240 of 2024(2) dt.30-08-2024 3/3 remoteness of allegation, the petitioner above named is directed to 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 A.C.J.M., Masaurhi/court concerned in connection with Masaurhi P.S. Case No. 770 of 2022 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T