Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19337 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rekha Devi, Wife of Eknath Sharma Resident of Village - Koriya Haibatpur, P.S.- Muffasil, Distt - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Muffasil P.S. Case No.18 of 2019 for the offence punishable under Sections 498(A), 304(B)/34 of the Indian Penal Code. The allegation against the petitioner is that the marriage of the daughter of the informant was solemnized with son of petitioner on 26.11.2016. It has further been alleged that soon after the marriage, all the accused persons including the petitioner started harassing the daughter of the informant in her matrimonial home. On the date of occurrence at about 1:00 A.M., the son-in-law of the informant got information on mobile that her daughter, Anchal Kumari, has died at matrimonial home. When the informant and other family members reached at the matrimonial home of her

Patna High Court CR. MISC. No.19337 of 2019(3) dt.22-07-2019 2/2 daughter, they saw that her dead body was lying in the courtyard and upon inquiry, she was informed that the FIR named accused persons have assaulted and killed her daughter. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is lady and she is mother-in-law of the deceased and there is no allegation of demand of dowry against the petitioner. Learned counsel, accordingly, submits that petitioner may be released on anticipatory bail.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the death of the daughter of informant has taken place in her matrimonial home within seven years of marriage in suspicious circumstances and cause of death is due to asphyxia caused by twisting of neck and the petitioner is mother-in-law, accordingly, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected. (Anil Kumar Sinha, J) sanjeev/- U T