Dharmshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30143 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dharmshila Devi, Wife of Khajanti Sah, Resident of Village- Chiutaha Bazar, Police Station- Semara (Chiutaha), District- West Champaran (Bettiah).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2017 Heard both sides.

The petitioner apprehends her arrest in Semara (Chiutaha) P.S. Case No. 30 of 2017 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

The informant, father of the deceased, alleged that his daughter was married to Amod Kumar Sah. Son-in-law of the informant was always torturing his wife and he got information that his daughter was burnt to death by her husband and her inlaws. Learned counsel for the petitioner submits that the petitioner is mother-in-law of the deceased. She is not named in

Patna High Court Cr.Misc. No.30143 of 2017 (3) dt.21-08-2017 the FIR. The husband, father-in-law and other in-laws of the deceased have been named in the FIR. No specific allegation is made against the petitioner. Rajani Devi, Pinki Kumari @ Pinki Devi @ Rinki Kumari @ Rinki Devi, Khajanti Prasad Sah @ Khajanti Sah, sisters-in-law and father-in-law of the deceased have already been granted anticipatory bail vide order passed in Cr. Misc. No. 27198 of 2017. The case of the petitioner stands on the better footing.

Learned APP, however, opposed the prayer for bail. It appears that the petitioner is mother-in-law of the deceased. The informant did not name the petitioner although the informant named the husband, father-in-law and other in-laws of the deceased and alleged that they were torturing the deceased. The sisters-in-law and father-in-law of the deceased have already been granted anticipatory bail.

Considering the facts aforesaid, the petitioner above named in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bagaha,

Patna High Court Cr.Misc. No.30143 of 2017 (3) dt.21-08-2017 West Champaran (Bettiah) in Semara (Chiutaha) P.S. Case No. 30 of 2017, Subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T