Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19859 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Malti Devi Wife of Late Devendra Singh, Resident of Village- Dubarbana, P.S. Deoria, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Adv. For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2017 Heard both sides.

The petitioner apprehends her arrest in Deoria P.S. Case No. 03/2017, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code and sections 3, 4 of the Dowry Prohibition Act.

The informant made allegation that he married his daughter on 09.03.2015 with Pappu Kumar of village - Dubarbana P. S. - Deoria District - Muzaffarpur. The in-laws of his daughter started torturing his daughter for non-fulfillment of rest of the dowry amount i.e. Rs. 1,20,000/-. The informant got information on 04.01.2017 that Anandi Singh, Birendra Kumar Singh, Malti Devi (petitioner) and wife of Birendra Singh killed his daughter. The informant went to the house of his daughter and found no one

Patna High Court Cr.Misc. No.19859 of 2017 (4) dt.06-07-2017 2/3 in the house. Villagers stated that the accused persons had taken the dead-body for cremation.

Learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. She is a widow lady. The police after investigation found the accusation against the accused persons false. Birendra Kumar Singh is uncle of the husband of the deceased. Anandi Singh is the grand-father of the husband of the deceased. No specific allegation made against the petitioner, but from perusal of the F.I.R. itself, it appears that the informant father of the deceased has categorically stated that his son-in-law Pappu Kumar and brother of his son-in-law were working in Kanyakumari. Anandi Singh, Birendra Kumar Singh, his wife and Malti Devi (petitioner) killed his daughter. The postmortem report of the deceased reveals that the deceased got burn injuries. The deceased died due to Asphyxia on account of pressure over neck. The injury was caused by hard and blunt object. The deceased was with her mother-in-law (petitioner) and grand-father-in-law.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four

Patna High Court Cr.Misc. No.19859 of 2017 (4) dt.06-07-2017 3/3 weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T