Petitioner, mother-in-law of deceased accused in dowry death case under IPC, applied for bail. Court noted no specific allegations against her and no injuries in post-mortem. Granted bail subject to bond and sureties.
Released on bail in sum of Rs. 10,000/- with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48147 of 2017
Arising Out of PS.Case No. -90 Year- 2017 Thana -GOPALPUR District- BHAGALPUR
====================================================== Domni Devi Wife of Mahendra Sah, Resident of village- Singhia Makandpur, Police Station- Gopalpur, District- Bhagalpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 02-01-2018 Heard the learned counsels for the petitioner and for
the State.
The petitioner who is the mother-in-law of the deceased has sought bail in connection with Gopalpur P.S. Case No. 90 of 2017 dated 10.05.2017 instituted for the offences under Sections 304(B), 120(B), 506 and 34 of the Indian Penal Code.
From the records of the case, it appears that the deceased was enticed away by the son of the petitioner viz. Mithilesh Sah who is said to have married her without the consent of her parents. Later, it was alleged that the petitioner and others pressurized her for bringing Rs. 1 lakh additional dowry for the purposes of being invested in business.
Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.48147 of 2017 (3) dt.02-01-2018
2
it does not appear to be probable that when the deceased was married to the son of the petitioner without the consent of her parents, any demand of dowry would be made. It has further been submitted that the post-mortem report does not reveal of any external or internal injury on the person of the deceased. A suspicion has been raised that perhaps the deceased might have been poisoned to death. The viscera has been sent to the FSL but the report has not yet come.
The husband of the deceased is in custody.
Regard being had to the fact that the petitioner is in custody since 11.05.2017 and that there is no specific allegation against the petitioner, this Court is inclined to grant bail to her.
In the facts and circumstances, the petitioner above named is directed to be released on bail on her furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Naugachia in connection with Gopalpur P.S. Case No. 90 of 2017.
(Ashutosh Kumar, J)
KKSINHA/-
U T
3 issues framed by the court
Whether the petitioner, mother-in-law of deceased in a dowry-death case, shall be granted bail.
Whether the lack of specific allegations and external/internal injuries in post-mortem report warrants bail.
Whether the petitioner can be released on bail pending FSL report on suspected poisoning.
1 provisions across 1 enactments
Domni Devi
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
