This bail order grants bail to the petitioner, mother-in-law of the deceased, in a case under Sections 304(B) and 201/34 IPC, noting no specific allegations against her.
Directs petitioner to be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount before CJM Saran.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27443 of 2014
Arising Out of PS.Case No. -424 Year- 2013 Thana -SONEPUR District- SARAN ====================================================== Reshma Devi, Wife of Ram Jalam Pandit, Resident of Village Dudhaila Krishi Farm, P.S. Sonpur, District Saran. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Sinha For the Opposite Party/s : Mr. Suresh Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 16-12-2014 Heard the learned counsel for the petitioner, the State and the learned counsel for the informant.
Petitioner Reshma Devi seeks bail in Sonepur P.S. Case No. 424 of 2013 registered under Sections 304(B) and 201/34 of the Indian Penal Code.
Informant Pachu Pandit disclosed that his son-inlaw Jitendra Pandit took his daughter Sarita Devi after leaving her two daughters at his residence. When the informant went to the house of Jitendra Pandit on 31.10.2013, he did not find his daughter. The informant alleged that his son-in-law and brothers-in-law were torturing his daughter and they killed his daughter.
Learned counsel for the petitioner submits that
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petitioner is the mother-in-law of the deceased Sarita Devi. There is no specific allegation against the petitioner. On same and similar allegation, the father-in-law and married daughter-inlaw have been granted anticipatory bail vide order passed in Cr. Misc. No. 27501 of 2014. The petitioner is in jail since 06.02.2014.
The learned counsel for the informant as well as the learned Additional Public Prosecutor vehemently opposed the prayer for bail and submitted that all the witnesses have supported the case of the prosecution.
Having considered the facts that petitioner is the mother-in-law of the deceased and there is no specific allegation of demand of dowry and torture against her, petitioner Reshma Devi 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 the learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No. 424 of 2013.
(Prabhat Kumar Jha, J.)
Sanjay/-
U T
2 issues framed by the court
Whether the petitioner, mother-in-law of the deceased with no specific allegations against her, is entitled to bail.
Whether the petitioner is entitled to bail in a case under Section 304(B) IPC arising from dowry-related deaths.
Reshma Devi
State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
