Mala Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20631 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================

1. Mala Devi W/o Mithilesh Singh

2. Shailesh Singh S/o Jitendra Singh Both R/o Vill. Kishunpura, P.S. Basantpur, Dist. Siwan.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Mukesh Kr. Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2015 Heard both sides.

The petitioners seek bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant stated that his daughter was married with Kamlesh Singh in the year 2007 but Kamlesh and his family members began to torture his daughter and consequently his daughter was killed. The petitioner no.1 Mala Devi is sister-in-law (Gotni) and petitioner no.2 Shailesh Singh is brother-in-law of the deceased.

It is submitted that no specific allegation is made against the petitioners. They are living separately. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submitted that the

Patna High Court Cr.Misc. No.20631 of 2015 (2) dt.17-06-2015 informant made allegation against the husband and other family members of the husband of the deceased that they killed the deceased. Even father of the deceased was not informed about the death of his daughter.

Having considered the fact that the petitioners are sister-in-law and brother-in-law of the deceased and marriage was solemnized in the year 2007 but no specific allegation of demand of dowry and torture is made against the petitioners, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Sri M.K.Srivastava, Judicial Magistrate, 1st Class, Siwan, in connection with Basantpur P.S.Case No. 37/15. (Prabhat Kumar Jha, J) spal/- U