Chanda Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8934 of 2015 Arising Out of PS.Case No. -205 Year- 2014 Thana -RAJAUN District- BANKA ======================================================

1. Chanda Devi Wife of Kamleshwari Sah

2. Pappu Sah Son of Kamleshwar Sah Both residents of village - Rajabar, P.S. Rajoun, District - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das (Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioners, two in number, apprehend their arrest in a case under Section 304(B) of the Indian Penal Code and Section 3(1)(X) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The informant alleged that her daughter was kidnapped by Rajesh Sah @ Natu Sah but, later on, they solemnized marriage. Her daughter also gave birth to a male child but the accused persons subjected her to physical and mental torture due to non-fulfillment of demand of dowry. Her daughter gave birth to a second child, but the accused persons did not take proper care and, consequently, her daughter died. It is submitted that all the allegations are false and concocted. The petitioners are mother-in-law and brother-in-law

Patna High Court Cr.Misc. No.8934 of 2015 (2) dt.04-03-2015 2/2 of the deceased. The post mortem report shows that the victim did not get any external or internal injury. On account of some complications, after delivery the deceased daughter of the informant died.

Considering the facts aforesaid and the nature of allegations made against the petitioners, who are the mother-inlaw and the brother-in-law of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Rajoun P.S. Case No. 205 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T