Sarswati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83456 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- SALIMPUR District- Patna ====================================================== Sarswati Devi, Wife of Binod Singh, Resident of Village- Dih Manjhauli, PSSalimpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 Heard Mr. Suraj Kumar learned counsel for the petitioner, learned counsel for the informant and Mr. Arun Kumar Singh, learned APP for the State.
2. The petitioner has prayed for bail in connection with Salimpur P.S. Case No. 126 of 2024 registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.
3. The case of the prosecution is that the daughter of the informant was married with one Mithilesh Kumar. It is further alleged that the petitioner along with other in-laws started subjecting the daughter of the informant to cruelty on account of non-fulfillment of dowry demand. It is further alleged that the in-laws regularly demanded golden chain and bed. On 25.04.2024, the informant received a call to the effect
Patna High Court CR. MISC. No.83456 of 2024(3) dt.18-03-2025 2/3 that his daughter has been killed. When the informant went to the matrimonial house of his daughter, he found that his daughter was lying dead in the courtyard.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is mother-in-law and she has been falsely implicated in this case. From perusal of the postmortem report, it will transpire that the cause of death is strangulation. It has also been submitted by the learned counsel for the petitioner that on that day the petitioner has gone to attend some ceremony at a distant place and she also has received information on mobile. She was not at the house on the date of the occurrence. It has also been submitted that the husband of the deceased is in custody. The main thrust of allegation is against the husband. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. She is languishing in judicial custody since 25.04.2024.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.83456 of 2024(3) dt.18-03-2025 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Judicial Magistrate 1st Class, Barh, Patna in connection with Salimpur P.S. Case No. 126 of 2024.
(Ashok Kumar Pandey, J) lata/- U T