Mossomat Reeta @ Gita Devi v. The State of Jharkhand

CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ----- For the Petitioner : Mr. Ajit Kumar, Advocate : Mr. Vikesh Kumar, Advocate For the State : Mr. Shiv Shankar Kumar, A.P.P. ….. Order No.07/ Dated:12.01.2024

Heard learned counsel for the parties. Apprehending her arrest in connection with Chouparan P.S. Case No. 294 of 2021 instituted under Sections 304B/ 34 of the Indian Penal Code, the petitioner has moved to this Court for grant of privilege of anticipatory bail.

FIR of this case was lodged by the informant against 4 named accused persons including the petitioner with the allegations that the daughter of the informant was married 7 years ago with Surajdev Ram @ Surajdev Kumar Ram and her husband, mother in law and sister in law, all subjected her to cruelty for demand of dowry and for non-fulfillment of the same, dowry death of his daughter was committed on 11.08.2021.

Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case. It is submitted that petitioner is 70 years old mother-in- law of the deceased. As per F.I.R, there is general and omnibus allegation that present petitioner along with her son and other family members were frequently demanding additional dowry from the deceased and subjecting her to physical and mental cruelty and due to non-fulfillment of the same it is alleged that on the date of occurrence on the fateful day i.e. on 11.08.2021 accused persons including the petitioner have murdered the daughter of the informant by hanging her. The true fact is that in spite of lapse of 7 years from the date of marriage the deceased could not conceive rather once her pregnancy was aborted due to some hormonal deficiency. Thereafter, her husband managed Rs. 15,00,000/- (Fifteen Lacs) by selling immovable property and providing medical treatment to the deceased. It is further submitted that during the course of investigation it has been revealed by independent witness that deceased was under due depression due to non-conceiving and ultimately she has committed suicide, however, investigating officer has submitted charge sheet against the main accused husband for the offences under Section 306/34 of the Indian Penal Code. There is no material against the petitioner showing her involvement in the alleged offence. She is an women and suffering from several diseases and undertakes to co-operate with the investigation of the case and also abide by all terms and conditions which may be imposed in the matter of granting anticipatory bail to the petitioner. Hence, the petitioner may be extended the privilege of anticipatory bail.

Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is mother-in-law of the deceased and there is direct allegation against her showing her involvement in demand of dowry and consequent torture meted with the death of the deceased, hence, considering the gravity of offence, petitioner does not deserve anticipatory bail.

From perusal of the record and statement of the witnesses recorded during investigation, it appears that there are general and omnibus allegation against the petitioner and she is about 70 years old women. In the aforementioned facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below within four weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hazaribagh in connection with Chouparan P.S. Case No. 294 of 2021 with the condition that she will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish her mobile number and photocopy of the Aadhar Card with an undertaking that she will not change her mobile number during the pendency of the case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. R.K/ (Pradeep Kumar Srivastava, J.)