Pato Devi @ Patia Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51551 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -KOILWAR District- BHOJPUR ======================================================

1. Pato Devi @ Patia Devi wife of Shyam Lal Choudhary

2. Shyam Lal Choudhary son of Late Muni Choudhary Both R/o village- Baburbani, P.S.- Koilwar, District- Bhojpur .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Koilwar P.S. Case No. 76 of 2014 registered for the offences punishable under Sections 304B, 201/34 of the Indian Penal Code.

Allegedly, due to non-fulfillment of demand of gold ring, the daughter of the informant was being assaulted and tortured by her husband and the petitioners and ultimately she was poisoned to death.

Submission is of false implication, as a matter of fact, the son of the petitioners Munna Choudhary has performed

marriage with the daughter of the informant in a temple and after marriage both went to Goa where the husband of the deceased was working as mason and thereafter, they returned and the daughter of the informant went to her naihar. Due to some dispute with the husband, the daughter of the informant consumed poison and committed suicide. During investigation the Police has found the place of occurrence was the house of Munna Choudhary built of tiles asbestos and bricks consisting of two rooms and one veranda and, as such, it was not the house of the petitioners. Similarly witness Ajay Choudhary has also stated that wife and husband had quarreled and Radhika Devi consumed poison and in course of treatment she died. Similar is the statement of witness Ram Ekbal. The husband of the deceased is in custody, as such, the petitioners deserve sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering that the husband is in custody, 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, Bhojpur at Ara in

connection with Koilwar P.S. Case No. 76 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T