Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14506 of 2016 Arising Out of PS.Case No. -198 Year- 2015 Thana -ROSERA District- SAMASTIPUR ====================================================== Shanti Devi W/o Jageshwar Yadav, Resident of village- Bishanpur, P.S. Rosera, District- Samastipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Akbar Ali (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner, who is the mother-in-law of the victim Sobhita Devi, apprehends arrest in connection with Rosera P.S. Case No. 198/15 for offences alleged under Sections 304-B/ 120B of the Indian Penal Code. The prosecution case, as lodged by the informant, is that for non-fulfilment of demand of Rs. 2 lakhs as dowry, all the accused persons including the petitioner killed the daughter of the informant by pressing her neck.
It has been submitted by the learned counsel for the petitioner that petitioner being the mother-in-law, there is no allegation against her and the only allegation is upon the husband of the victim who has since been arrested and is in custody. It has
Patna High Court Cr.Misc. No.14506 of 2016 (2) dt.27-04-2016 2/2 further been submitted that one of the co-accused, who is Bhainsur of the deceased, has since been granted the privilege of bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 57875 of 2015 on 09.03.2016.
However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since there is no specific allegation against the petitioner and the allegations being general and omnibus, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur, in connection with Rosera P.S. Case No. 198/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T