IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27188 of 2010 MINTRA DEVI Versus THE STATE OF BIHAR ----------- 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.)