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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
MEENA DEVI – Appellant
Versus
The State – Respondent
/46819/2022
A mother-in-law who has no direct involvement in the household or business of her daughter-in-law and her husband cannot be held responsible for dowry-related harassment that allegedly led to the daughter-in-law's death.
Headnote:
BAIL - DOWRY DEATH - MOTHER-IN-LAW - NO CONCERN WITH MESS AND BUSINESS OF DECEASED AND HER HUSBAND - BAIL GRANTED
Fact of the Case:
The petitioner, Meena Devi, was arrested and charged with dowry death under Sections 341, 323, 304(B), and 379/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The prosecution alleged that the petitioner, as the mother-in-law of the deceased, was involved in the dowry-related harassment that led to her death.
Finding of the Court:
The court noted that the petitioner had been in custody since September 29, 2021, and that she had no direct involvement in the deceased's household or business.
Issues: Whether the petitioner, as the mother-in-law of the deceased, could be held responsible for the dowry-related harassment that allegedly led to her death.
Ratio Decidendi: The court held that the petitioner's lack of direct involvement in the deceased's household and business, coupled with her extended period of custody, warranted her release on bail.
Final Decision: The court granted the petitioner bail on a bond of Rs. 10,000/- with two sureties of the like amount.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46819 of 2022
Arising Out of PS. Case No.-679 Year-2020 Thana- BIHTA District- Patna
======================================================
Meena Devi W/O Srikant Rai @ Srikant Yadav R/O Village- Jamunapur,P.S.-
Bihta, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ajay Kumar Jha, Advocate
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is in custody in a case registered for the
offence punishable under Sections 341, 323, 304(B) and 379/34
of the Indian Penal Code and chargesheet was submitted under
Sections 341, 323, 304(B) and 379/34 of the Indian Penal Code
and Sections 3/4 of the Dowry Prohibition Act.
Allegedly, it is a case of dowry death due to non-
fulfilment of dowry demand.
Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He further
submits that the petitioner is the mother-in-law of the deceased
and the petitioner has no concern with the mess and business of
the deceased as well as her husband, namely, Shailesh Kumar.
Patna High Court CR. MISC. No. 46819 of 2022(3) dt.11-01-2023
2/2
Petitioner is in custody since 29.09.2021.
Learned APP appearing for the State has opposed the
prayer for regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge-V, Danapur in connection with Sessions Trial No. 64 of
2022 arising out of Bihta P.S. Case No. 679 of 2020.
Brajesh Kumar/-
(Sunil Kumar Panwar, J)
U
T
