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Patna High CourtCR. MISC./10823/2016rejected

Kanti Devi v. The State Of Bihar

2016-06-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10823 of 2016 Arising Out of PS.Case No. -232 Year- 2015 Thana -GOVINDGANJ District- EAST CHAMPARAN (MOTIHARI) ====================================================== Kanti Devi Wife of Prabhu Mukhia resident of village - Kohbarva, Police Station - Govindganj, District - East Champaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vidya Sagar, Advocate. For the Opposite Party/s : Mrs. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2016 Heard both sides.

The petitioner apprehends her arrest in Govindganj P.S. Case No. 232/15 registered under Sections 304B, 201, 34 of the Indian Penal Code.

The petitioner is the mother-in-law of the deceased. It is submitted that the case was lodged in haste. During the course of investigation, the brother and other relatives of the deceased admitted that the deceased committed suicide only because she wanted to go along with her husband but her husband did not take her along with him to his workplace. There is no specific allegation of torture against the petitioner. On the other hand, the learned A.P.P. submits that within three months of marriage, the deceased was strangulated to death. The post mortem report clearly shows that the deceased was

Patna High Court Cr.Misc. No.10823 of 2016 (4) dt.21-06-2016 2/2 strangulated and she died on account of asphyxia. Considering the fact that the deceased died within three months of her marriage on account of strangulation by force, I am not inclined to enlarge the petitioner on anticipatory bail in Govindganj P.S. Case No. 232/15. Accordingly, the same is rejected.

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