Usha Devi vs State of Jharkhand

Heard the parties. Learned senior counsel for the petitioner files the supplementary affidavit. Keep the same in the record.

Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Bermo P.S. case no. 139 of 2019 registered under Sections 328, 304B/34 of the Indian Penal Code.

Learned senior counsel appearing for the petitioner submits that the allegations against the petitioner is that she being the mother-in-law of the deceased- Khusbu Kumari, has committed dowry death by administering poison to the deceased along with the co-accused. Drawing attention of the court to paragraph 4 of the supplementary affidavit, learned senior counsel for the petitioner submits that during investigation, the independent witnesses being the neighbors of the place of occurrence house have stated before the police that they heard halla and upon which, they reached the house of the petitioner on the date of occurrence, and saw that the petitioner was making the deceased to vomit and soon after that, the husband of the deceased came and took her to hospital and they also stated that they have heard that two days prior to Rakshabandan , scuffle took place between the deceased and her husband and as a result of which, out of anger, the deceased consumed poison. It is next submitted that only issue of the deceased is a minor girl of six months namely Pari and since the time of death of the deceased, the said minor girl child is in the custody of the petitioner and there is no one else in the family to look after the minor daughter of the deceased. It is then submitted that the allegations against the petitioner are all false. It is further submitted that there is inordinate delay in lodging the FIR and the husband of the deceased has stated before the police that he has made video recording as per instruction of the doctor after the initial treatment of the deceased at regional hospital, and there is unexplained delay of about four days in lodging the FIR. Learned senior counsel appearing for the petitioner further submits that the petitioner is ready and willing to transfer all her immovable property including one land measuring 8 ½ decimals of land situated at Petarwar, by way of registered sale deed in favour of the minor daughter of the deceased namely Pari with the informant as guardian for the said limited purpose and in case, the informant is not willing to be the guardian of the said minor girl , then the husband of the petitioner- who is th paternal grandfather of the said daughter of the deceased, as the guardian of the minor daughter of the deceased. It is next submitted that the value of the said land at Petarwar is more than Rs. 6,00,000/- and the petitioner is ready to co-operate with the investigation of the case hence, the petitioner be given the privilege of anticipatory bail.

The learned Addl. PP opposes the prayer for anticipatory bail of the petitioner.

Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of four months from the date of this order, the petitioner shall be released on bail on showing the proof of transfer all her immovable property including one land measuring 8 ½ decimals of land situated at Petarwar, by way of registered sale deed the value of which is more than Rs. 6,00,000/- in favour of the minor daughter of the deceased namely Pari with the informant as her guardian for the said limited purpose and in case, the informant is not willing to be the guardian of the said minor girl , then the husband of the petitioner, as the guardian of the minor daughter of the deceased and furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bermo at Tenughat in connection with Bermo P.S. case no. 139 of 2019 subject to the condition that the petitioner will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.