Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24809 of 2019 Arising Out of PS. Case No.-595 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sita Devi (Female), aged about 48 years, Wife of Chandeshwar Rai @ Gonor Rai, Resident of Village - Daulatpur Jherua, P.S.- Sadar Hajipur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends her arrest in connection with Sadar P.S. Case No. 595 of 2018 registered under section 304(B)/34 of the IPC.

The allegation against the petitioner is that the petitioner being mother in law of the deceased along with other family members tortured and killed the deceased due to nonfulfillment of demand of dowry. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there is no specific allegation against the petitioner in the first information report and the petitioner is about 60

Patna High Court CR. MISC. No.24809 of 2019(5) dt.20-09-2019 2/2 years old lady. Learned counsel further submits that the marriage of the deceased was solemnized in family of the petitioner against her will due to which she has committed suicide.

On the other hand, learned counsel for the State vehemently opposes the prayer of anticipatory bail and submits that the petitioner is named in the first information report and all the witnesses in the case diary have supported the prosecution story. Learned counsel further submits that from perusal of the postmortem report it appears that the deceased has died due to strangulation over her neck.

Having regard to the submission made by the parties and taking into consideration the fact that the deceased died only after one year of her marriage in the matrimonial house, I am not inclined to exercise my discretion to grant anticipatory bail.

This application is, accordingly, rejected.

(Anil Kumar Sinha, J) Anjula/- U