High Court of Judicature at Allahabad
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Shibya Devi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 24998 of 2006  RD-AH 21604 (21 December 2006)
Hon'ble Ravindra Singh, J.
Heard learned counsel for the applicant and the learned A.G.A.
It is submitted by learned counsel for the applicant that the applicant is the mother in law of the decease. The marriage of the deceased was solemnized about one and half year prior the alleged incident. The cause of death is was strangulation.
It is further contended that the applicant was living separately and she has not made any demand of dowry and the deceased was never subjected to cruelty. Her age is 70 years and her husband has been murdered on 23.11.2006. Its F.I.R. has been lodged by the son of the applicant on 24.11.2006 at about 16.00 at P.S. Bichwan district Mainpuri. The husband of the deceased is in jail. There was no one in the family to look after the case and to do parivi.
In reply of the submissions made by the learned counsel for the applicant it is submitted by the learned A.G.A. that there is specific allegation in respect of demand of dowry. The deceased has been murdered by way of strangulation. The applicant is more responsible being the mother in law of the deceased to look after the welfare of the deceased. Therefore, she may not be released on bail.
Considering the facts, circumstances of the case and the submission made by the learned counsel for the applicant and the learned A.G.A. on merits of the case the applicant is not entitled for bail but considering the fact that the husband of the applicant has been murdered on 23.11.2006, she is entitled for bail.
Let the applicant Shibya Devi involved in case crime no.256 of 2006 under Sections 498-A,304-B I.P.C., and ¾ D.P. Act P.S.Bichhwan District Mainpuri be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
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