Rambatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36327 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -CHANDAN District- BANKA ====================================================== Rambatiya Devi, Wife of Kameshwar Das, Resident of Village- Dahgilwa, P.S.- Chandan, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 11.02.2017 in connection with Chandan P.S. Case No. 11 of 2017 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his niece, Juli Kumari was married to one Jitendra Das three years back and was killed for non-fulfilment of demand of dowry by the husband, the petitioner who is the mother-in-law, and the father-in-law.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.36327 of 2017 (3) dt.07-09-2017 2/2 petitioner that she is innocent and being mother-in-law has been falsely implicated in the aforesaid case. It is submitted that there is general and omnibus allegation against all the accused persons and nothing specific has been alleged against the petitioner. He submits that the husband is already in custody and that chargesheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. However, learned A.P.P. for the State opposes the prayer for bail stating therein that the deceased was killed in her matrimonial house just within three years of her marriage. Be that as it may, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Raushan Kumar, learned Judicial Magistrate 1st Class, Banka or his successor in connection with Chandan P.S. Case No. 11 of 2017, subject to the condition that both the bailors would be close relative of the petitioner.

(Nilu Agrawal, J) Arjun/- U T