Indira Devi @ Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50955 of 2015 Arising Out of PS.Case No. -229 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Indira Devi @ Indu Devi .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsels for the petitioner and the State. The petitioner being the mother of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 304B, 498A and 328/34 of the Indian Penal Code.
The accusation is of killing the daughter of the informant after three years of the marriage. It is alleged that the husband of the victim had illicit relationship with the wife of his younger brother which caused annoyance to the deceased as a result she consumed poison.
It is submitted by learned counsel for the petitioner that the case does not come within the purview of Section 304B of the IPC as there is no accusation of demand of dowry. Moreover, thrust of accusation is against the husband of the victim who has
Patna High Court Cr.Misc. No.50955 of 2015 (2) dt.04-11-2015 2/2 been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 45879 of 2015 and the husband of the petitioner has also been granted bail vide Cr. Misc. No. 42646 of 2015. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bhagalpur in connection with Kahalgaon P.S. Case No. 229 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T