Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6427 of 2018 Arising Out of PS.Case No. -246 Year- 2016 Thana -MALSALAMI District- PATNA ====================================================== Indu Devi Wife of Kullu Rai @ Tilu Rai, Resident of Mohalla-Nurpur, Sharifaganj, Police Station-Malsalami, District-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner, being the mother of the husband of the victim, is apprehending her arrest in a case registered for the offences punishable under Sections 304B, 201 and 120B/34 of the Indian Penal Code.
The prosecution case got initiated with the filing of written report by Sakal Rai to Station House Officer, Malsalami, Patna City on 16.09.2016 to the effect that informant's daughter Pramila Devi was married with Dilip Rai
Patna High Court Cr.Misc. No.6427 of 2018 (2) dt.01-02-2018 about five years prior to the lodging of the case. Subsequently, the in-laws started inflicting torture for non-fulfillment of further demand of Rs. One lakh and a motorcycle. On 16.09.2016 a boy informed the informant, that his daughter has been killed and her dead body has been concealed.
It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against entire in-laws family. The petitioner is an old lady. The accusation of demand of dowry after five years of the marriage appears to be unreasonable. Thrust of accusation is against the husband of the victim, who is in custody, and other in-laws have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.08.2017 passed in Cr. Misc. No. 29446 of 2017.
Considering the fact that the accusation is omnibus and general and other in-laws have been granted anticipatory bail, 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City, Patna in
Patna High Court Cr.Misc. No.6427 of 2018 (2) dt.01-02-2018 connection with Malsalami P.S. Case No. 246 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T