Indu Devi @ Minta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17904 of 2015 Arising Out of PS.Case No. -90 Year- 2014 Thana -PATORI District- SAMASTIPUR ======================================================

1. Indu Devi @ Minta Devi Wife of Virendra Prasad Rai, resident of Village- North Dhamaun, P.S.- Patori, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Sakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-06-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Patori P.S. Case No. 90/14 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is that the daughter of the informant, namely, Kajal Kumari was married with Vijay Rai son of the petitioner in the year 2013 and a cash of rupees two lakhs, jewellery of about 1.5 Lakhs and furniture etc. were given in the marriage ceremony. Vijay Rai was murdered after six months of marriage while his wife was pregnant. After the death of Vijay Rai, in-laws of Kajal Kumari began to torture her for demand of a motorcycle and a color television and due to assault and torture her pregnancy got aborted. The informant on 18.03.2014 went to Sasural of his daughter then came to know that his daughter Kajal

Patna High Court Cr.Misc. No.17904 of 2015 (2) dt.04-06-2015 P2/2 Kumari was killed by her in-laws and her deadbody was being carried for funeral.

Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the deceased and she has falsely been implicated in this case out of malice. In fact, after death of her husband, Kajal Kumari daughter of the informant, came in shock and loose her pregnancy due to that reason she committed suicide. Thereafter, information was given to the informant but he due to ill-motive lodge this false case but later on knowing the real fact has filed compromise petition in trial court that he was misinformed by villagers about committing of dowry death of her daughter by her in-laws.

Considering the fact and circumstance of the case, let the above named petitioner be released on anticipatory bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Samastipur in connection with Patori P.S. Case No. 90 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Saif/- U