Leela Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50813 of 2015 Arising Out of PS.Case No. -208 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================
1. Leela Devi, wife of Gyan Chand Prasad, resident of village- Dharhara, Police Station- Paliganj, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Adv. For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and the State.
The petitioner being the mother of the husband of the victim is apprehending her arrest in a case registered for the offences punishable under Sections 341, 323, 307, 498a, 201/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Subsequently, cognizance has been taken under Section 304B of the Indian Penal Code.
Accusation is of killing the daughter of the informant within one and half years of marriage for nonfulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that during investigation it transpired that the victim was caught hold by her husband, as a result she committed
Patna High Court Cr.Misc. No.50813 of 2015 (2) dt.03-11-2015 suicide and none were present in the house. It is further submitted that on conclusion of investigation the petitioner was not sent up for trial, but differing with the Final Form cognizance has been taken Considering the fact that the accusation was not found true during investigation and petitioner being a lady, let the above named petitioner be released on bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 208 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T