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Lalita Devi vs The State Of Bihar on 6 March, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69666 of 2019
Arising Out of PS. Case No.-24 Year-2019 Thana- MANSOORCHAK District- Begusarai

Lalita Devi (aged about 55 years F) W/o Shri Nageshwar Mahto R/o Village-
Govindpur (Narayan Chowk), P.S.- Mansoorchak, District- Begusarai

… … Petitioner/s
Versus
The State of Bihar

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate
Mrs. Sudha Ambastha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the O.P. No. 2 : Mr. Ashok Kumar Singh, Advocate

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 06-03-2020

Heard learned counsel for the petitioner; learned

APP for the State and learned counsel for the informant, who

has suo motu appeared.

2. The petitioner apprehends arrest in connection

with Mansoorchak PS Case No. 24 of 2019 dated 08.03.2019

instituted under Sections 306/328/201/498A/34 of the Indian

Penal Code.

3. The allegation against the petitioner, who is the

mother-in-law of the informant and mother of the deceased, is

that she along with other family members had been torturing the

informant for dowry and because the husband was opposing

that, they had killed him by sharp-edged weapon and poison and
Patna High Court CR. MISC. No.69666 of 2019 dt.06-03-2020
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had cremated the body to destroy the evidence.

4. Learned counsel for the petitioner submitted that

the allegation is unbelievable for the reason that if at all the

petitioner was pressurizing the informant for dowry then the

allegation that it was being threatened that the son would be

remarried, are self contradictory for the reason that if the son

was killed then there would have been nobody to remarry and

get dowry. It was further submitted that the mother killing the

son for no personal gain is absolutely unbelievable as no

prudent man would ever believe such allegation, especially in

the present facts and circumstances of the case and the story, as

disclosed in the FIR itself. It was further submitted that the

supervision note discloses that the petitioner had returned a day

earlier from the house of his in-laws i.e., the informant and was

under mental pressure and had committed suicide.

5. Learned APP, from the case diary, could not

controvert the submissions of learned counsel for the petitioner.

6. Learned counsel for the informant submitted that

the fact that the body was cremated without even informing the

informant, who was the wife, clearly indicates that there was

foul play.

7. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.69666 of 2019 dt.06-03-2020
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the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the Additional Chief Judicial Magistrate 1st, Begusarai in

Mansoorchak PS Case No. 24 of 2019, subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure,

1973.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR
U
T

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