Sumitra Devi @ Awanti Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46761 of 2016 Arising Out of PS.Case No. -119 Year- 2016 Thana -KURTHA District- JEHANABAD ======================================================

1. Sumitra Devi @ Awanti Devi wife of Mithilesh Yadav @ Butai Yadav

2. Dinesh Yadav Son of Late Jimedar Yadav

3. Nagmani Yadav Son of Dinesh Yadav All are the residents of VillageDharampur (Barka Gaon), P.S.- Kurtha, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-12-2016 Heard both sides.

The petitioners apprehend their arrest in Kurtha P.S. Case No. 119/2016, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code. The informant alleged that his sister was married to Dharmjeet Kumar of village Dharampur, Barkagaon in the year 2013, but the accused persons began to demand dowry. On 28.07.2016, the informant got information that the accused persons killed his sister and hurriedly cremated her dead body. Learned counsel for the petitioners submits that the petitioners are mother-in-law, uncle-in-law and cousin brother-inlaw of the deceased. They have no manner of concern with the

Patna High Court Cr.Misc. No.46761 of 2016 (2) dt.05-12-2016 2/2 family affairs of the deceased and her husband. The deceased gave birth to a child and prior to lodging this case the informant never complained about demand of dowry.

Learned Additional P.P. opposed the prayer for anticipatory bail and submitted that the death occurred within three years of marriage of the deceased.

Considering the facts aforesaid and the fact that the petitioners are mother-in-law, uncle-in-law and cousin brother-inlaw of the deceased, 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 the learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 119/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T