Patna High CourtCR. MISC./70609/2019bail granted

Pramila Devi v. The State Of Bihar

2020-03-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70609 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== PRAMILA DEVI Wife of Late Narayan Prasad Yadav Resident of Mohalla - Kathalbari, P.S.- L.N.M.U., Distt - Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Adv.

Mr. Rohit Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the parties.

This application for regular bail arises out of L.N.M.U. P.S. Case No. 198 of 2019, disclosing offence punishable under Sections 304-B/34 of the Indian Penal Code. As per the case of the prosecution, the son of the petitioner and her daughter-in-law died of poisoning. Allegedly, the family members of the daughter of the informant used to torture his daughter for non-fulfillment of demand of dowry. Allegedly, the petitioner and one of his sons administered poison to the informant's daughter leading to her death. Informant's son-in-law, who is son of the petitioner, also consumed poison because of which he died.

Patna High Court CR. MISC. No.70609 of 2019(5) dt.05-03-2020 2/2 Learned counsel appearing on behalf of the petitioner has submitted that she has lost her own son in the occurrence and false allegation of demand of dowry has been made so as to make out an offence under Section 304-B of the IPC, which is malicious.

Considering the manner in which the occurrence is said to have taken place, as noted above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-IV, Darbhanga in L.N.M.U. P.S. Case No. 198 of 2019. This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T