Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53181 of 2016 Arising Out of PS.Case No. -256 Year- 2016 Thana -PATLIPUTRA District- PATNA ======================================================

1. Manju Devi wife of Sri Prem Lal Sao resident of Indra Nagar, Opposite of House No. 212, P.S. Patliputra, District Patna. .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2017 Heard both sides.

The petitioner seeks bail in Patliputra P.S. case No. 256 of 2016 under Section 302/34 of the Indian Penal Code. The father of the deceased alleged that he married his daughter, the deceased, with Munna Kumar, son of the petitioner, on 03.07.2015. On 28.06.2016 family members of his daughter assaulted his daughter and drove her out from the house. The neighbours pacified the matter. Again on 10.07.2016 the petitioner and other accused persons are alleged to have assaulted the daughter of the informant and drove her out from the house. The daughter of the informant came to her Naihar but her husband persuaded his daughter to accompany him and on 17.07.2016 the informant got information that his daughter committed suicide by hanging herself.

The learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. The marriage was

Patna High Court Cr.Misc. No.53181 of 2016 (4) dt.27-02-2017 2/2 solemnized in the year 2005 and during 12 years the informant or anybody else, much less the deceased, made any complaint about the ill treatment for demand of dowry. It is submitted that deceased herself committed suicide on account of some dispute with her husband but the entire family members have been implicated in the case.

The learned Additional Public Prosecutor, however, opposed the prayer for bail and submitted that in paragraph 14 and other paragraphs of the case diary, the witnesses have made omnibus and general allegation of assault.

Having considered the facts that the marriage was solemnized in the year 2005 but neither the informant nor the deceased ever made any complaint with regard to ill treatment and demand of dowry, after 12 years of the marriage the deceased is said to have committed suicide on account of some dispute with her husband, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-XV, Patna in Patliputra P.S. Case No. 256 of 2016.

BKS/- (Prabhat Kumar Jha, J) U T