Phoolpato Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41759 of 2014 Arising Out of PS.Case No. -100 Year- 2013 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Phoolpato Devi, W/o Tuntun Yadav, Resident of Village Kapurdihara, Police Station - Barhara, District Bhojpur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mahila P.S. Case No. 100 of 2013 registered under Sections 304(B) and 302/34 of the Indian Penal Code.

The allegation of complainant/informant Ram Gahan Yadav is that his niece Suganti Devi and her minor child aged about 4 years were killed by her husband and in-laws for nonfulfillment of demand of dowry. Learned counsel appearing on behalf of the petitioner submits that in fact, the dead body of Suganti Devi and her four years baby were found on railway track. Thereafter, U.D. Case No. 60 of 2013 was registered and dead body was identified by father of the deceased Dudhnath Yadav, who informed to his

Patna High Court Cr.Misc. No.41759 of 2014 (2) dt.04-03-2015 2/2 house and also at the house of the petitioner and the dead body was cremated. But later on, the informant, who is uncle of the deceased, filed the Complaint Case No. 1665 of 2013 in the Court of Bhojpur at Ara, on which basis the present case has been lodged. It is further submitted that petitioner is mother-in-law of the deceased and there is general and omnibus allegation of demand of dowry. It is also submitted that husband of the deceased, Bhukhan Yadav is already in custody. Having considered the facts and circumstances of the case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 C.J.M., Bhojpur in connection with Mahila P.S. Case No. 100 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T