IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40249 of 2009 SAVITRI DEVI wife of Indradeo Singh, resident of village Kanak Narayana Pur, P.S. Buxar(Mufassil), District Buxar.. … Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Rewati Kant Raman, Advocate, For the State: Mr. Nand Kishore Prasad, A.P.P. For the Informant: Mr. Amit Shrivastava, Advocate ----------- 2 23.11.2009 The petitioner files a supplementary affidavit, wherein it has been stated that the husband of the deceased is already under custody. Let it be kept on the record. Heard learned counsel for the petitioner, the State and the informant. The petitioner is an accused in a case registered under sections 304(B)/201/34 of the Indian Penal Code and sections 3/4 of the Dowry prohibition Act. It is submitted on behalf of the petitioner that in his further statement, the father of the deceased had stated before the police that he had come to know that his daughter was pregnant and she was being treated by the doctor. However, on inquiry it appeared to him that the members of the family used to torture her and all of them had poisoned her causing death. It is further stated by the father of the deceased that her daughter had never made 2 any complaint before him with regard to the alleged torture, etc. on any earlier occasion, which would be manifest from few sentences, which have been quoted in the order of the learned Sessions Judge. It is also submitted that the petitioner is the mother-in-law of the deceased and she is in custody since 31.07.2009 and the husband of the deceased had already surrendered in the court below on 31.07.2009 itself. Co-accused Urmila Devi (‘Gotani’ of the deceased) has been granted bail by a bench of this Court vide order dated 27.10.2009 passed in Criminal Miscellaneous No. 37642 of 2009. Learned counsel for the State submitted that in the FIR the allegation is against all the accused persons of torturing the deceased and killing her. It would be manifest from the FIR that one Awadh Behari Singh had informed the informant that his daughter had died. Learned counsel for the informant submitted that it has come during the course of investigation that the husband was having illicit relationship with his sister-in- law, which was being objected to by the deceased and that was the reason for her killing. It is further stated that the Gotani of the deceased, namely, Urmila Devi, and the 3 mother-in-law had also helped the husband of the deceased in commission of crime. However, the Gotani of the deceased was not named in the first information report. In reply, learned counsel for the petitioner stated that even the aforesaid facts go to reveal that the main allegation revolves around the husband of the deceased, who is in custody, and similarly situated co-accused Urmila Devi, who is the Gotani of the deceased, though not named in the first information report, has been granted bail by a Bench of this Court. Having regard to the facts and circumstances of the case, the abovenamed petitioner, Savitri Devi, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in Buxar (Mufassil) Police Station Case No. 46/09. SC ( Dr. Ravi Ranjan, J.)