Jaymanti Devi @ Jayanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81566 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- CHANDRADIP District- Jamui ====================================================== Jaymanti Devi @ Jayanti Devi Aged about 55 years, Gender - Female, Wife of Gajadhar Mahto Resident of Village - Aadha, P.S.- Chandradip, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indradeo Prasad, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

12-12-2019 The petitioner apprehends her arrest in Chandradip P.S. Case No. 73 of 2019 registered for the offence under Sections 304(B)/34 of the Indian Penal Code.

As per prosecution case, it is a case of death of daughter of the informant due to non-fulfillment of demand of dowry. The marriage of daughter of informant was solemnised a few months ago with the son of the petitioner and petitioner is mother-in-law of the deceased.

It is submitted on behalf of petitioner that it is not a case of dowry death, rather the deceased has committed suicide, which has been supported by the post-mortem report of the deceased. It is further submitted that there is no specific allegation against the petitioner and petitioner, who is motherin-law of deceased, is an old lady. It is also submitted that husband of the deceased is already in custody. There is also no

Patna High Court CR. MISC. No.81566 of 2019(2) dt.12-12-2019 2/2 allegation against the petitioner of tampering with the evidence and there is general and omnibus allegation and nothing specific against the petitioner.

Considering the aforesaid facts and circumstances as well as the fact that petitioner is a lady and husband of the deceased is already in custody, in the event of arrest or surrender within a period of six weeks from today, let the above named petitioner 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 A.C.J.M. - 1st, Jamui in connection with Chandradip P.S. Case No. 73 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T