Deo Kumar Modi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.30029 of 2017 (3) dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30029 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Deo Kumar Modi, S/o Late Janki Modi null

2. Shiv Devi W/o Deo Kumar Modi

3. Brajesh Kumar Modi S/o Deo Kumar Modi

4. Ranjan Devi, W/o Brajesh Kumar Modi All resident of Village- Kukroun No.-1, P.S.- Dhamdhaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2017 Heard both sides.

The petitioners apprehend their arrest in Dhamdaha P.S. Case No. 02 of 2017 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased. The informant alleged that she married her daughter with Ajay Modi in the year 2010. Her daughter went to her in-laws house and again went to Himachal Pradesh where her husband was working. Her daughter gave birth to three children. The informant's son-in-law, father-inlaw, mother-in-law, brother-in-law and sister-in-law were always torturing her due to non-fulfillment of demand of dowry. The informant got information that on 03.01.2017, the accused persons

Patna High Court Cr.Misc. No.30029 of 2017 (3) dt.21-08-2017 burnt her daughter to death.

Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased. They have no manner of concern with the family affairs of the deceased. During course of investigation it has come that some quarrel took place between the husband and wife and that is why the wife burnt herself and died. Learned APP did not controvert the submission of learned counsel for the petitioner.

Considering the facts aforesaid and the facts that the petitioners are in-laws of the deceased and the husband of the deceased in custody, 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 learned Chief Judicial Magistrate, Purnea in Dhamdaha P.S. Case No. 02 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) KKSINHA/- U T