Bidyawati Devi @ Bidyawati Kuwar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.26501 of 2017 (3) dt.21-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26501 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================
1. Bidyawati Devi @ Bidyawati Kuwar, W/o Surendra Kumar,
2. Surendra Kuwar, son of Late Manu Kuwar,
3. Guddu Kumar @ Gupteshwar Kumar Singh, son of Surendra Kuwar, all are resident of Village- Mairwa Karn, P.S.- Kuchaikot, District- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kuchaikot P.S. Case No. 69 of 2017, registered under Sections 304B and 120B of the Indian Penal Code, pending in the court of A.C.J.M.-Ist, Gopalganj.
The accusation is of killing the daughter of the informant by her husband and in-laws due to non-fulfillment of demand of dowry by pressing her neck and also to dispose of her dead body.
Learned counsel for the petitioners submits petitioner nos. 1, 2 and 3 are mother-in-law, father-in-law and brother-in-law of the deceased, daughter of the informant, and they have falsely
Patna High Court Cr.Misc. No.26501 of 2017 (3) dt.21-09-2017 been implicated in this case due to miss-understanding. In fact, deceased, daughter of the informant, was suffering from mental illness and she was earlier treated at Dehradoon and after marriage she was also treated at Gorakhpur and Gopalganj but due to mental problem she committed suicide.
Admittedly, the deceased, daughter of the informant, died within two years of her marriage at matrimonial house and postmortem report show that the cause of death is asphyxia due to hanging. On external examination, abrasion on right chick and abrasion on back chest and ligature mark was also found. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T