Usha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56817 of 2015 Arising Out of PS.Case No. -211 Year- 2015 Thana -AGAMKUAN District- PATNA ======================================================
1. Usha Devi, wife of Shankar Ram,
2. Omkar Kumar @ Bhola Kumar Son of Shankar Ram, Both resident of Kumhrar, Police Station- Agamkuan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-01-2016 Heard the Counsel for the petitioners and Mr. Ram Chandra Singh, APP for the State.
Petitioners are facing accusations in Agamkuan P.S. Case No. 211 of 2015 registered under Section 304(B)/34 of the Indian Penal Code.
The two petitioners herein are mother-in-law and devar of the deceased who was married to another son of petitioner no. 1 recently in the year 2014. Allegation in substance is that on account of non-fulfilment of dowry, she was done to death by strangulation while she was living in the matrimonial home.
Contention of the petitioners is that no independent witness has been examined. The witnesses who have supported the
Patna High Court Cr.Misc. No.56817 of 2015 (3) dt.19-01-2016 2/2 prosecution case are family members. The petitioners were living separately from the husband of the victim.
Mr. Singh conversely submitted that in the inquest report, the I.O. found strangulation mark around the neck and the cause of death is also strangulation. Under the law, the presumption is that the accused persons have committed the occurrence until otherwise is demonstrated.
Considering the facts and circumstances of the case as also the materials reflecting from record, particularly, the impugned order, I am not persuaded to privilege the petitioners with anticipatory bail.
Their prayer for anticipatory bail is rejected. Petitioner may surrender and seek regular bail in the Court below (Kishore Kumar Mandal, J) Pankaj/- U T