Bindu Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44969 of 2015 Arising Out of PS.Case No. -143 Year- 2015 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Bindu Devi Wife of Dinesh Choudhary,
2. Dinesh Choudhary Son of late Rajendra Choudhary, Both, Resident of village- Fateha P.S Bachhwara, District Begusarai.
3. Khushbu Devi Daughter of Dinesh Choudhary and Wife of Bipin Kumar Jha, Resident of village- Shekhpura P.S Ujiarpur District Samastipur.
4. Bandna (Bandana) Kumari Daughter of Dinesh Choudhary and wife of Bishnu Shanker Choudhary alias Rajesh Choudhary, Resident of villageJorpura P.S Halai District- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners being the parents and sisters of the husband of the victim are apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B and 120B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The accusation is of killing the sister of the informant within two years of the marriage by injecting some poisonous substance during illness of the victim. It is submitted by learned counsel for the petitioners
Patna High Court Cr.Misc. No.44969 of 2015 (2) dt.22-09-2015 2/3 that the victim was suffering from chronic tuberculosis for which she was initially treated at Dalsingsarai and then at Begusarai and then at Patna and finally she was treated in AIIMS at New Delhi where she died on 26.01.2015. Subsequently to death, the informant took away the articles of the victim from the victim's in-laws place on 08.02.2015 and thereafter the informant further demanded money against which informatory petition being Informatory Petition No. 843 of 2015 was filed by the father-in-law of the informant before the learned CJM, Begusarai. It is further submitted that admittedly the victim died in AIIMS at New Delhi whereas petitioner nos. 1 and 2 being old person reside at their native place and petitioner nos.
3 and 4 being the married sisters reside at their respective husbands' house. Only on suspicion, the accusation has been levelled against the petitioners. Considering the thrust of accusation against the husband of the victim, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.
Patna High Court Cr.Misc. No.44969 of 2015 (2) dt.22-09-2015 3/3 connection with Bachhwara P.S. Case No. 143 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T