Prayagi Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2950 of 2016 Arising Out of PS.Case No. -147 Year- 2008 Thana -BABUBARHI District- MADHUBANI ======================================================
1. Prayagi Devi wife of Ram Deo Sahani,
2. Bhuliya Devi daughter of Ram Deo Sahani,
3. Chhotaki Devi wife of Binde Sahani,
4. Shiboo Sahani Son of Ram Deo Sahani
5. Ram Deo Sahani Son of Late Makir Sahani, All are village Khojpur P.S. Babubarhi, District- Madhubani.
6. Raj Deo Sahani son of Bachha Sahani resident of Village- Patharahi, P.S.- Ladaniya, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Heard learned counsels for the petitioner and the State. The petitioners being the husband of the victim and mother, sister, sister-in-law, father and maternal uncle of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B and 120B of the Indian Penal Code.
The basic accusation is of killing the daughter of the informant, Ranju Devi within two years of the marriage. It is submitted by learned counsel for the petitioners that the victim died on 01.06.2014 when the complaint was filed on 7.6.2014 but prior to that UD Case No. 2 of 2004 was registered.
Patna High Court Cr.Misc. No.2950 of 2016 (2) dt.19-01-2016 2/2 The complaint after being transferred under Section 156(3) Cr. P.C. got registered as Babubarhi P.S. Case No. 147 of 2008 on 15.07.2008. The investigation is still pending. It is submitted by learned counsel for the petitioners that there is no accusation of demand of dowry and the complainant subsequently filed a petition before the learned court below for withdrawal of the complaint but at the belated stage on the basis of 164 Cr. P.C. statement of the family members of the victim, the petitioners have been sought to be arrested in the present case.
Considering the fact that the victim died after two years of the marriage and the complaint was filed in the year 2004 which came to be registered as police case in the year 2008, this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Babubarhi P.S. Case No. 147 of 2008 pending in the court of learned JM, 1st Class, Madhubani. Accordingly, the application is disposed of.
(Dinesh Kumar Singh, J) Amrendra/- U T