Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3836 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Usha Devi W/O Ramnath Ram @ Ramu Ram Resident Of Village- Anjana Kot, P.S.- Motipur, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Purushotam Sharma, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is not named in the F.I.R. and apprehended his arrest in connection with Motipur P.S. Case No.99 of 2022 registered for the offences punishable under Sections 304-B and 34 of the Indian Penal Code. The allegation against the petitioner is to cause death of the daughter of informant alongwith other co-accused persons/family members due to non-fulfillment of demand of dowry as raised for unexplained amount.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is mother-in-law living separately with
Patna High Court CR. MISC. No.3836 of 2023(3) dt.22-05-2023 2/3 deceased and her husband having no connections with their daily and domestic affairs. It is submitted that petitioner implicated only for the reason being mother of main co-accused, who is husband of the deceased namely, Dhiraj Kumar Ram. It is also pointed out that cause of death is hanging which appears out of frustration caused by husband of the deceased in connection with their married life affairs. While concluding the argument it is submitted that petitioner is a lady of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above and by taking note of the fact that as petitioner is a lady of clean antecedent, who is mother-in-law of deceased, accordingly the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, West or Successor Court Muzaffarpur/concerned Court below where the case is pending in connection with Motipur P.S. Case No.99 of
Patna High Court CR. MISC. No.3836 of 2023(3) dt.22-05-2023 3/3 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Tripathi/- U T