IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27188 of 2010
MINTRA DEVI
Versus
THE STATE OF BIHAR
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3 19.11.2010 Heard learned counsel for the petitioner
and learned counsel for the State.
Petitioner Mintra Devi apprehends her arrest in
connection with Hilsa (Karai) P.S. Case No.461 of 2009
registered under Section 304(B)/34 of the I.P.C.
Admittedly, petitioner is mother-in-law of the
deceased and it is alleged that the marriage of deceased
had taken place three years ago with son of the petitioner,
but subsequently she was subjected to cruelty and
harassment on account of illegal demand and lastly she was
done to death by her husband and other in-laws.
The contention of learned counsel for petitioner is
that earlier the deceased was married with the elder son of
the petitioner, but unfortunately the elder son of the
petitioner died and after that the marriage of deceased was
solemnized with the younger son of the petitioner, so the
question of demand of dowry does not arise. He further
submitted that as a matter of fact the deceased was
suffering from mental depression after death of her first
husband and that was the reason she committed suicide,
but taking the advantage of death of deceased the informant
2
lodged the instant case against the petitioner. Learned
counsel for petitioner referred para-18, 19 and 20 in support
of his above stated contention.
From perusal of F.I.R. as well as materials
available on record, I found that the entire allegation centres
around against the husband of the deceased and it is co-
accused Arvendra Kumar @ Manjhi who demanded money
from informant as well as deceased.
Therefore, in the aforesaid circumstance
petitioner, namely, Mintra Devi, in the event of her arrest
/surrender within 30 days from the date of
communication of this order to the concerned court
in connection with Hilsa (Karai) P.S. Case No.461 of
2009, shall be released on released on bail on
furnishing bail bonds of Rs.10,000/-(ten thousand)
with two sureties of the like amount each, to the
satisfaction of Additional Chief Judicial Magistrate,
Hilsa, subject to conditions as laid down under
Section 438(2) of the Cr.P.C.
PN/- ( Hemant Kumar Srivastava,J.)