1. The matter has been heard via video conferencing.
2. Heard Mr. Bijay Bhushan Prasad, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor
(hereinafter referred to as the ‘APP’) for the State.
3. The petitioner apprehends arrest in connection with Kalyanpur PS Case No. 33 of 2020 dated 02.02.2020, instituted under Sections 304-B/34 of the
Indian Penal Code.
4. The petitioner is the mother-in-law of the deceased, along with her husband and son, is alleged to have killed her due to non fulfilment of demand of
dowry.
5. Learned counsel for the petitioner submitted that being the mother-in-law she has no role in the incident as the deceased and her husband were
living separately and it has come that in the afternoon the couple had a fight and at night the deceased had committed suicide by hanging. It was
submitted that such fact is corroborated by the inquest and post-mortem reports, where only ligature mark has been found on the neck without there
being any other mark or injury on the rest of the body to indicate that there was any force used, which obviously would have resulted in some sort of a
fight back from the deceased leaving mark to show that there was some scuffle and resistance from her part, but only a simple mark of ligature on the
neck, which, though, establishes that death was due to strangulation, but at the same time indicates that it was a self-act of suicide and not an act of
crime by any other person(s), including the petitioner. Learned counsel submitted that the husband of the petitioner has been granted anticipatory bail
by order dated 03.05.2021 in Cr. Misc. No. 35014 of 2020 by a coordinate Bench. Learned counsel submitted that besides having no criminal
antecedent, the husband of the deceased, who is the son of the petitioner is in custody.
6. Learned APP submitted that the death occurred in the matrimonial home and the petitioner being the mother-in-law cannot be absolved of her
responsibility as she is the head of the house and further that there is ligature mark found on the neck, which clearly shows that death was due to
strangulation, which cannot be said to be death due to natural causes. It was submitted that the same has not been explained. It was submitted that
witnesses have stated about the petitioner, being the mother-in-law, used to quarrel with the deceased and also used to abuse her.
7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender
before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five
thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in Kalyanpur PS Case No.
33 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further (i) that one of the bailors shall be
a close relative of the petitioner, and (ii) that the petitioner shall cooperate with the Court and the police/prosecution. Failure to cooperate shall lead to
cancellation of her bail bonds.
8. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioner, to the notice of the Court
concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioner.
9. The application stands disposed off in the aforementioned terms.
