Dulari Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.23005 of 2015 (3) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23005 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -ARARIA District- ARRARIA ======================================================

1. Dulari Devi. W/o Bhola Mandal.

2. Gunjan Devi. W/o Jhabru Mandal.

Both Resident of village - Paiktola, P.S.- Araria, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-09-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Araria P.S. Case No. 111 of 2014 registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

The sister of the informant was married with Monu Mandal @ Munna 11 months before and she was being tortured physically and mentally due to non-fulfillment of demand of dowry and ultimately she was poisoned to death and was brought for treatment in Spax Diagnostics Centre but when the brother of the informant went there, all the accused persons fled away after

Patna High Court Cr.Misc. No.23005 of 2015 (3) dt.10-09-2015 leaving the dead body.

Submission is of false implication and that the deceased died due to Appendicitis, the doctor who has treated her has not found any sign of poisoning or injury. The petitioners are sister-in-law and mother-in-law of the deceased and against them there is no specific allegation. However, after knowing the reality, the informant has filed compromise petition also in the court below on 16.06.2014 vide Annexure-3 and as such, the petitioners deserve sympathetic consideration to which learned APP opposes.

Considering that the petitioners are sister-in-law and mother-in-law and against them there is no specific allegation for demanding dowry and as such, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 111 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.