ARTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused in a case registered u/s 304(B) of the I.P.C. The allegation as per the F.I.R is that the informant's daughter Anita Kumari was married to one Shankar Sao and it is alleged that subsequently, they came to know that the said accused, Shankar Sao is involved with another lady and had contracted court marriage with her, hence he started torturing her and demanded Rs. 50,000/- from her father and subsequently, on 28.8.2005 she was found dead with a rope in her neck but nobody said that they ever saw dead body hanging from the roof. Hence, his daughter was done to death by her husband in collusion with the deceased's mother-in-law and father-in -law.

(2.) It is submitted by learned counsel for petitioner that the main allegation is only against the husband and there is no allegation against this petitioner, who is mother -in-law that she ever demanded dowry from her daughter-in-law or tortured her. Further, the fatherin- law, Babulal Sao has been granted bail in B.A. No. 4918 of 2010 dated 21.7.2010 and brother-in-law, Anand Sao @ Arun sao has been granted bail by this court in B.A. No. 5357 of 2010 dated 3.8.2010.

(3.) Learned counsel for the State while opposing the prayer admitted that there is no specific allegation against this petitioner, mother-in-law. In the facts & circumstances of the case , 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 Chief Judicial Magistrate Garhwa in connection with Ramkanda P.S. Case No. 1 of 2009 corresponding to G.R. Case No. 1111 of 2009 subject to the condition that bailors must be local having property within the jurisdiction of the court.