IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.958 of 2009 KAMAL DEVI @ KAMALPATI DEVI, Wife of Jagdish Choudhary, Resident of Village- Basantpur Ramani, P.S. Warisnagar, District- Samastipur……………………………………………..Petitioner. -Versus- The State of Bihar……………………………………..Opposite Party. ----------- 3. 09.04.2009. Heard learned counsel for the petitioner Kamal Devi alias Kamalpati Devi one of the First Information Report named accused of Warisnagar P.S. Case No. 117 of 2008 registered under Sections 304(B), 201/34 of the Indian Penal Code for allegedly having caused the dowry death of her daughter-in-law Hema Devi and she is in custody since 31.8.2008. The allegation against all the First Information Report accused is that for non-fulfilment of demand of additional dowry, all accused conjointly on 28.7.2008 assaulted the said Hema Devi as a result whereof she became unconscious and expired at about 1.00 P.M. on 29.7.2008. It has come in evidence that information regarding her death had been sent to the parents of the deceased and they attended the last rites of the deceased. It appears that after investigation the police submitted a charge sheet only under Section 302 of the Indian Penal Code which would mean that the allegation of dowry death and demand for dowry has not been substantiated. Even otherwise there is no specific allegation against the petitioner. In the facts and circumstances of the case, the petitioner Kamal Devi alias Kamalpati Devi is directed to be enlarged on bail on - 2 - furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrates, Samastipur in connection with Warisnagar P.S. Case No. 117 of 2008. U.K. (Abhijit Sinha,J)