Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4087 of 2015 Arising Out of PS.Case No. -44 Year- 2014 Thana -BARGANIA District- SITAMARHI ======================================================

1. Geeta Devi Wife of Late Baiju sah Resident of Village -Parsauni, Police Station - Bairgania, District -Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Pd. Yadav, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2015 Heard learned counsel for the petitioner and the State.

Petitioner being the widow mother of the husband of the victim is languishing in custody since 15.07.2014 in a case registered for the offences punishable under Sections 304B, 201 and 120B of the Indian Penal Code.

Accusation is of killing the daughter of the informant for non-fulfillment of dowry demand. It is submitted by the learned counsel for the petitioner that as per the own admission of the informant marriage was performed in the year 2001, when the victim died in the year 2014. Hence no offence under Section 304B of the Indian Penal Code is made out. The petitioner claims to be residing separately from the victim, when the husband of

Patna High Court Cr.Misc. No.4087 of 2015 (2) dt.30-01-2015 the victim earlier filed divorce case.

It is submitted by the learned counsel for the informant that petitioner's son has an illicit relationship with one Chhedi Sahni which was objected by the victim, as a result she was being killed and the investigation has already concluded.

Considering the fact that as per the own admission of the informant in the First Information Report to the effect that the marriage was performed in the year 2001 when the victim died in the year 2014, let the above named petitioner, 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 SubDivisional Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 44 of 2014.

(Dinesh Kumar Singh, J) P.K./- U T