Lalita Devi vs State Of Bihar

Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant, who has suo motu appeared.

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.

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 had cremated the body to destroy the evidence.

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.

Learned APP, from the case diary, could not controvert the submissions of learned counsel for the petitioner.

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.

Having considered the facts and circumstances of 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.

The application stands disposed off in the aforementioned terms.