Leelawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23816 of 2017 Arising Out of PS.Case No. -149 Year- 2015 Thana -PARSABAZAR District- PATNA ======================================================
1. Leelawati Devi Wife of Mahendra Prasad.
2. Mahendra Prasad, S/o Late Triveni Prasad. Both Resident of Badi Patandevi, P.S.- Alamganj, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Adv. Mr. Rakesh Kumar, Adv.
For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.
The petitioners apprehend their arrest in Parsa Bazar P.S. Case No. 149/2015, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.
The brother of the deceased filed complaint case on the basis of which the present F.I.R. was lodged. The petitioners are mother-in-law and father-in-law of the deceased. The informant made allegation of demand of dowry and torture against the petitioners. The informant alleged that his sister was married to Vikash Kumar son of Mahendra Prasad and Leelawati Devi, but due to non-fulfillment of demand of dowry they burnt her to death. Learned counsel for the petitioners submits that from
Patna High Court Cr.Misc. No.23816 of 2017 (2) dt.14-07-2017 2/2 perusal of annexure-2 the statement of the deceased, it would appear that she made the statement before her sister Archana Kumari and the statement was recorded by a police officer and duly certified by the doctor of Apollo Burn Hospital, Patna. She simply alleged that she accidentally caught fire while she was cooking food. It is further submitted that Vikash Kumar husband of the deceased has already been granted anticipatory bail vide order passed in Cr. Misc. 31855/2017. The case of the petitioners stands on better footing and the petitioners are mother-in-law and father-in-law of the deceased.
Considering the facts aforesaid, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Patna in connection with Parsa Bazar P.S. Case No. 149/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T