Janki Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41652 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Janki Devi, Wife of Bisho Mahto.

2. Kajal Kumari @ Kajal Devi, Wife of Umesh Mahto.

3. Umesh Mahto Son of Visho Mahto.

4. Arvind Mahto, Son of Visho Mahto.

All Resident of Village - Sahuri Teen Kona, P.S.- Birpur, District - Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate. For the Opposite Party/s : Mr. M.Haque (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 04-03-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Birpur P.S. Case No.61 of 2014 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is of killing Sita Devi, the daughter of the informant, Shobha Devi, by administering poison for non fulfillment of the dowry demand against her husband and in-laws. Learned counsel appearing on behalf of the petitioners submits that, in fact, the deceased consumed poison herself and she was taken to the hospital for treatment regarding which the

Patna High Court Cr.Misc. No.41652 of 2014 (2) dt.04-03-2015 2/2 information was given to the informant and in the mean time the daughter of the informant died but due to ulterior motive the informant has lodged this false case. It is also submitted that the petitioners respectively are mother-in-law, Gotni and brother-inlaws of the deceased and no specific overt act of demanding dowry and killing the deceased for the same has been attributed to them. The husband and father-in-law of the deceased are in custody.

Having considered the facts and the circumstances of the case, let the petitioners, in the event of their arrest or surrender by them within twelve weeks, 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 Chief Judicial Magistrate, Begusarai, in connection with Birpur P.S. Case No.61 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T