Basmati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15219 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -SANGRAMPUR District- MUNGER ====================================================== Basmati Devi, Wife of Late Dwarika Prasad Singh Resident of VillagePodia Jhun-Jhunia, P.S. Sangrampur, District-Munger. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. P.K. Sahi, Sr. Adv.

Mr. Satyam Shivam Sundaram, Adv.

For the State : Mr. Sri Binod Kumar, A.P.P.

For the Informant : Mr. Madan Mohan, Adv.

Mrs. Pallavi Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Sangrampur P.S. Case no. 128 of 2016, registered under Section 304(B)/34 of the Indian Penal Code.

The allegation of informant Rajesh Kumar Singh is that he performed the marriage of his daughter with Sharban Kumar in the year 2012. After the marriage, the husband of the daughter of informant made demand of Rs. One lakh for purchase of land in which Rs. 70,000/- was handed over to the petitioner, but thereafter, he made demand of motorcycle, but informant was unable to fulfill the demand of motorcycle and gave Rs. 10,000/- on which husband of the daughter of the informant became angry and on 19.11.2016, Mohan Singh, elder brother of Sharban Kumar informed him on phone about death of his

Patna High Court Cr.Misc. No.15219 of 2017 (3) dt.02-08-2017 2/2 daughter. Thereafter, informant went there and found dead body, which was taken away by the Police. The informant asserted that his daughter has been killed by her husband and other in-laws. Learned counsel for the petitioner submits that petitioner happens to be the mother-in-law of the deceased. Further submission is that, in fact, Sharban Kumar, husband of the deceased, had came at house and quarrel took place between the deceased and her husband as the deceased wanted to go at his service place, but her husband was not ready to take her due to non-availability of the family accommodation and due to anger the daughter of the informant committed suicide, but with ulterior motive, the informant lodged the present case.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on 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 A.C.J.M-II, Munger in connection with Sangrampur P.S. Case No. 128 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T