Sarswati Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34417 of 2017 Arising Out of PS.Case No. -827 Year- 2015 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================
1. Sarswati Devi, Wife of Govardhan Pandey,
2. Mirtunjay Pandey, Son of Govardhan Pandey,
3. Rinky Kumari @ Rinky Devi, Wife of Mirtunjay Pandey,
4. Kiran Devi, Wife of Arjun Pandey All resident of Village - Chhariyari, P.S. - Makhdumpur, District - Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Bachaspati Pandey, Son of Late Kamla Pandey, R/O Village - Saraiya, P.S. - Dariyapur, District - Chhapra.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.
The petitioners apprehend their arrest in Complaint Case No. 827 of 2015 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code and under Section 4 of the Dowry Prohibition Act.
The informant alleged that his daughter Sushma Kumari was married with Brajesh Kumar, son of Govardhan Pandey on 24.05.2013 but, her husband and other in-laws were demanding ornaments and motorcycle. The informant alleged that all the accused persons killed his daughter. Learned counsel for the petitioners submits that the petitioners are mother-in-law, brother-in-law and sisters-in-law (Gotni) of the deceased.
Patna High Court Cr.Misc. No.34417 of 2017 (2) dt.10-08-2017 The deceased died due to heart ailments. The post-mortem report shows that the deceased was suffering from heart disease. The police after investigation submitted final form finding the case false.
On the other hand, learned counsel for the informant as well as learned APP submitted that there is no chit of paper to show that the deceased was suffering from any heart ailments.
Having considered the facts that the petitioners are mother-inlaw, brother-in-law and sisters-in-law (Gotni) of the deceased and no specific allegation is made against the petitioners, the deceased died due to heart ailments and the police submitted final form finding the case false against the petitioners, the petitioners above named in the event of their arrest or surrender before the 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in Complaint Case No. 827 of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) KKSINHA/- U T