Usha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36650 of 2014 Arising Out of PS.Case No. -46 Year- 2014 Thana -MARHAURA District- SARAN ======================================================

1. Usha Devi Wife of Rajballam Mahto

2. Santosh Mahto @ Santu Kr. Mahto Son of Raj Ballam Mahto Both are resident of village- Naharpu Chamari, P.S.- Morhowrah, Distt.- Saran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-02-2015 Heard learned counsel for the petitioners and the State.

The two petitioners herein are mother-in-law and brother-in-law of the victim who was done to death within seven years of marriage. They are, therefore, facing accusations punishable under Sections 304 B /34 of the Indian Penal Code. Contention of the petitioners is that due to discord between the husband and wife the victim committed suicide. No specific role has been assigned to the petitioners in the commission of the offence.

Learned APP, conversely, submitted that in course of investigation the post mortem was carried out on the cadaver. The cause of death has been shown as throttling. The petitioners have

Patna High Court Cr.Misc. No.36650 of 2014 (2) dt.20-02-2015 2/2 specifically been named.

Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioners on anticipatory bail. Their prayer for anticipatory bail is rejected. In the event they surrender and pray for regular bail before the Court below, the same shall be considered and disposed of on its own merit uninfluenced by the present order. (Kishore Kumar Mandal, J) Shyam/- U T