Pramila Devi @ Radha Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29602 of 2019 Arising Out of PS. Case No.-107 Year-2016 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

PRAMILA DEVI @ RADHA DEVI Wife of Late Bhekhu Rai Resident of Village - Hemantpur, P.S. Raghopur, District - Vaishali. 2.

Shiv Kumar Rai @ Shiv Kumar Son of Late Bhekhu Rai Resident of Village - Hemantpur, P.S. Raghopur, District - Vaishali. 3.

Pramod Rai @ Pramod Kumar Son of Late Bhekhu Rai Resident of Village - Hemantpur, P.S. Raghopur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sucheta Yadav For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Raghopur P.S. Case No.107 of 2016 registered under Sections 304(B) and 201/34 of the Indian Penal Code.

The accusation is of killing the deceased Rita Kumari, the daughter of the informant, by her husband and other in-laws for nonfulfillment of the dowry demand and disposing of her dead body. Learned counsel for the petitioners submits that the petitioner no.1 is mother in-law, whereas petitioner nos.2 and 3 are un-married brothers-in-law (dewars) of the deceased. In fact, after conceiving the pregnancy, the condition of the deceased became

Patna High Court CR. MISC. No.29602 of 2019(3) dt.05-07-2019 2/2 serious but due to logging of the flood water in the village of the petitioners, the deceased could not be taken to the hospital for treatment and, ultimately, she died and her dead body was disposed of. Regarding the death of the deceased, the information was given to the informant but with an ulterior motive, the informant lodged Complaint Case No.C-2111 of 2016 in the court of the Chief Judicial Magistrate, Vaishali, Hajipur, on 13.12.2016, after more than three and half months of the death of the deceased, which is the basis of the present F.I.R. Later on, the informant filed compromise petition on 28.02.2017 in the court of the Sub Divisional Judicial Magistrate, Hajipur, Vaishali. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Hazipur, Vaishali, in connection with Raghopur P.S. Case No.107 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S.