Kosmi Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5921 of 2015 Arising Out of PS.Case No. -146 Year- 2014 Thana -KARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Kosmi Devi W/o Lorik Bind

2. Lorik Bind, S/O Chhotan Bind Both are residents of village-Pakri,P.SKarai,Distt-Nalanda .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 21-04-2015 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners seek bail in Karai P.S. Case No.146 of 2014 registered for the offence punishable under Sections 304B, 201/34 of the Indian Penal Code.

The allegation against the accused including the petitioners is to have demanded the dowry and due to non-fulfillment of demand of dowry, the deceased has been killed and the dead body was thrown near the bank of the river.

It is submitted that the petitioners are the mother-in-law and father-in-law of the deceased. There is no specific allegation of overt act against them. They are living separately and the husband of the deceased is already in custody. The petitioners have no criminal

Patna High Court Cr.Misc. No.5921 of 2015 (3) dt.21-04-2015 2/2 antecedents.

The learned counsel for the State submits that it appears from the case diary that the petitioners and their son were demanding dowry and earlier also they had ousted the deceased from the marital home and later on, she was also taken back to her marital home. Later on, the deceased was killed by the accused including the petitioners. The post mortem examination report also shows that the deceased Ranju Devi was aged about 18 years and ligature mark has been found in the neck of the deceased and her dead body was found near the river.

Considering the facts and circumstances of the case, in my opinion, the petitioners do not deserve bail at this stage. Their prayer is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T