Kusheshwar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34862 of 2014 Arising Out of PS.Case No. -68 Year- 2014 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================
1. Kusheshwar Singh S/o Late Govinda Singh Resident of Village Anand Golva, P.S. Mohiuddinnagar, District Samastipur.
2. Ajnaso Devi W/o Kusheshwar Singh Resident of Village Anand Golva, P.S. Mohiuddinnagar, District Samastipur.
3. Harendra Singh S/o Kusheshwar Singh Resident of Village Anand Golva, P.S. Mohiuddinnagar, District Samastipur.
4. Krishnanandan Singh S/o Kusheshwar Singh Resident of Village Anand Golva, P.S. Mohiuddinnagar, District Samastipur.
5. Mamta Kumari D/o Kusheshwar Singh Resident of Village Anand Golva, P.S. Mohiuddinnagar, District Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mrigank Mauli For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-03-2015 The Petitioners apprehend their arrest in Mohiuddinnagar P.S. Case No. 68 of 2014 registered for the offences under Section 304B and other sections of Indian Penal Code.
The informant alleged that his daughter Juli Devi was married to Dhirendra Singh about 8 years ago and she got three female children. It is alleged that since his daughter gave birth to three female children the accused persons burnt her to death. On account of non-fulfillment of demand of dowry and with a view to get Dhirendra Singh married with another girl, the deceased was done to
death.
The learned counsel for the petitioner submits that there is no specific allegation against the petitioner. The victim was married to Dhirendra Singh about eight years ago, but during that period neither the victim nor the informant father of the deceased made any sorts of allegation about the demand of dowry and ill treatment at the hands of the petitioners. The police after investigation submitted chargesheet under Section 306 of the IPC. Sonali Singh, the daughter of the deceased stated in her statement under Section 164 of the Cr. P.C. that her mother herself committed suicide because her father slapped her.
On perusal of the record it appears that the informant has made omnibus and general allegation of demand of dowry and torture and the informant alleged that after eight years of marriage his daughter, wife of Dhirendra Singh died on account of burning, but the daughter of the deceased has stated that her mother herself committed suicide by burning her.
Considering the facts aforesaid and facts that the petitioners are father-in-law, mother-in-law and brother-in-law and other inlaws of the deceased, petitioners are directed 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 the Learned Chief Judicial Magistrate, Samastipur in connection with Mohiuddinnagar P.S. Case No. 68 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T