Shakuntla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66309 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== SHAKUNTLA DEVI W/o Late Surendra Mohan Rajhans @ Surenu Mohan Rajhans R/o village- Murtujachak, Mirjanhat, P.S.- Babarganj, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant.

The petitioner apprehends her arrest in connection with Mojahidpur (Babarganj) P.S. Case No.91 of 2019 registered under Sections 304(B)/34 of the Indian Penal Code. The accusation is of killing the deceased, the daughter of the informant, having two children, by her husband and other in-laws for non-fulfillment of the dowry demand. Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that the deceased died after seven years of her marriage but the present F.I.R. was lodged under Section 304(B)/34 of the Indian Penal Code. Further

Patna High Court CR. MISC. No.66309 of 2019(2) dt.24-10-2019 2/2 submission is that the petitioner is the mother-in-law of the deceased, aged about 75 years, and there is general and omnibus allegation against her to torture the deceased for non-fulfillment of the dowry demand. Moreover, Mukesh Rajhans, the husband of the deceased, is already in custody. The petitioner, who is lady, has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur (Babarganj) P.S. Case No.91 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T