Aruna Devi @ Arupa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50104 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================
1. Lalan Mahto @ Lalan Roy Son of Madan Mahto Resident of Mohalla - Nagar Parishad Ward No. 24, P.S. and District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.6441 of 2015 Arising Out of PS.Case No. -52 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================
1. Aruna Devi @ @ Arupa Devi Wife of Madan Mahto resident of Mohalla - Chhabila Das Akharda Ward No. 24 Nagar, Parishad, Supaul, P.S. and District - Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.50104 of 2014) For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Bhanu Pratap Singh (App) (In Cr.Misc. No.6441 of 2015) For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. Petitioners are in custody in connection with case registered for the offences punishable under Section 304B of the Indian Penal Code.
Petitioner of Cr. Misc. No. 50104 of 2014 is the husband of the deceased and petitioner of Cr. Misc. No. 6441 of 2015 is the mother-in-law of the deceased.
As per the prosecution case, the deceased was married to the petitioner Lalan Mahto @ Lalan Roy ten years prior to the date of occurrence.
Learned counsels appearing on behalf of the petitioners have submitted that no case under section 304B of the Indian Penal Code is made out on the basis of allegation made in the First Information Report. They have contended that there is no allegation of demand of dowry by the petitioners or any family members in the First Information Report. They have further submitted that even in course of investigation, no material has come that the petitioners were responsible for the occurrence, rather it has come in course of investigation that the petitioner Lalan Mahto attempted to extinguish fire and he himself got injured in course of doing so. It has further been submitted, referring to the order of learned Sessions Judge passed on the bail application filed by petitioner Aruna Devi @ Arupa Devi that the Sub Divisional Officer in his supervision report has found the case to be true under Section 306 of the Indian Penal Code though there is no material constituting offence under Section 306 of the Indian
Penal Code.
Keeping in view the submissions as aforesaid, let petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. case No. 52 of 2014.
(Chakradhari Sharan Singh, J) ArunKumar/- U