Sanjha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23601 of 2015 Arising Out of PS.Case No. -134 Year- 2013 Thana -ARER District- MADHUBANI ======================================================

1. Sanjha Devi, Wife of Girgit Yadav,

2. Pramila Devi, Wife of Upendra Yadav, Both are Resident of VillageDhanga West Tola, P.S.- Arer District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 The petitioners are apprehending their arrest in connection with Arer PS case No. 134/2013 for the offence under section 498A, 323, 304B of the Indian Penal Code and section 3⁄4 of Dowry Prohibition Act.

Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that the marriage of informant with son of petitioner No.1 was solemnized two years ago. She alleged that after one year of marriage her husband demanded Rs. 50000/- but she stated that on account of poverty her father is unable to fulfill the demand and for this her husband assaulted and tortured her. Thereafter Panchayati was held as a result of which she lived peacefully some time but after some time the accused persons assaulted and tortured her for demand of dowry and on 12.12.2013 when she was sleeping her poured K. oil on her and set fire to her body with match.

Patna High Court Cr.Misc. No.23601 of 2015 (2) dt.06-07-2015 2/2 On behalf of the petitioners, it has been submitted that petitioner No.1 is mother-in-law of the husband of deceased whereas petitioner No. 2 is gotini of deceased. Both the petitioners are separate in mess and property from the husband of deceased. It has further been submitted that no specific allegation has been made against the petitioners and the petitioners have got no criminal antecedent.

On behalf of the State, it has been submitted that petitioner is named in the FIR.

Considering the aforesaid facts as also the fact that petitioners are separate in mess and property from the husband of deceased, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 Additional Chief Judicial Magistrate, Madhubani in connection with Arer PS case No. 134/2013, G. R. No. 3112/2013, subject to condition as laid down under section 438(2) of the Cr. P.C.

(Sudhir Singh, J) BKS/- U T