Asha Devi And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.18470 of 2015 (3) dt.09-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18470 of 2015 Arising Out of PS.Case No. -103 Year- 2014 Thana -BELHAR District- BANKA ======================================================
1. ASHA DEVI, W/O BASKI PANDIT, R/O VILLAGE - BIRGAON , P.S. - BELHAR, DISTT. - BANKA.
2. DIVYA DEVI @ DIVYA BHARTI, W/O SRI ANIL KUMAR , R/O VILLAGE- PAHADIH, P.S.- THAKUR GANGATI, DISTT.- GODDA,
3. APRAJITA DEVI, W/O SRI RANJEET KR. PANDIT, R/O VILLAGEDHARANDIHA, P.S.- BARAHAT , DISTT. - BANKA. .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Belhar P.S. Case No. 103 of 2014 registered under Sections 304(B) and 201/34 of the Indian Penal Code.
The accusation is of killing of Sweta Devi, daughter of informant, by her husband and in-laws for non-fulfillment of demand of dowry.
Learned counsel for the petitioner submits that petitioner nos. 1 being mother-in-law and petitioner nos. 2 and 3 being married sister-in-law (Nanad) of the deceased have falsely been implicated in this case. It is further submitted that deceased
Patna High Court Cr.Misc. No.18470 of 2015 (3) dt.09-07-2015 died due to Diarrhea and the informant also participated in the last funeral of the deceased.
Considering the facts and circumstances of the case, let the petitioner nos. 2 and 3 being married sister-in-law (Nanad) of the deceased be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Banka in connection with Belhar P.S. Case No. 103 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
So far as petitioner nos. 1 being the mother-in-law of the deceased is concerned, admittedly, the victim died within two months of her marriage at her Sasural, I am not inclined to grant her anticipatory bail. Accordingly, the prayer of the petitioner no.1 for grant of anticipatory bail stands rejected. The petitioner no.1 is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T