Seema Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57400 of 2015 Arising Out of PS.Case No. -111 Year- 2014 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Seema Devi Wife of Raushan Paswan Resident of village - Malahipur, P.S. Bhagwanpur, District - Begusarai
2. Jagti Devi Wife of Ram Ratan Paswan Resident of village - Malahipur, P.S. Bhagwanpur, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kamal For the Opposite Party/s : Mr. Manish Kumar 2 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-01-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Bhagwanpur P.S. Case No. 111/14 registered for offences punishable under Sections 304B, and 201/34 of the Indian Penal Code.
The prosecution case is that the marriage was solemnized of Runa Devi, daughter of informant Parikshan Paswan with Shatrudhan Paswan in the year, 2010. Some time the relation between both was good but after two years of marriage she was being tortured physically and mentally by the father-inlaw, Ram Ratan Paswan, mother-in-law Jagti Devi ( petitioner No.
2/4 2), Devar Raushan Paswan, Gotni Seema Devi ( petitioner No. 1), husband Shatrudhan Pawan for dowry, which Runa Devi always used to inform to the informant on mobile. On 04.06.2014 at about 11 P.M. Samdhi Ram Ratan Paswan gave information on mobile to the informant that his daughter Runa Devi has consumed poison and she was being taken away to the hospital for medical treatment. Thereafter, the informant along with 10-12 villagers reached in village- Malhipur at about 2.30 A.M. by goods carrier vehicle and stopped the vehicle at Raja Shaliesh Asthan, Malhipur near the house of his samdhi and started journey towards the matrimonial house of his daughter then he found there, a white colour Magic vehicle bearing Registration No. BR 09-6P 3803 was standing on the road.
The informant went to the house of daughter and found that no body was present there. The informant started searching his daughter in the vicinity and during the course of searching he reached at the house of his Samdhi, he found there red and blue coloured bedsheet, Jute rope on the cot and pink colour sari and Petti Coat was also found beside the cot.
3/4 that a dead body was kept in the bag which was being taken away for the purpose of throwing .Then the informant sent the information to Tiyai O.P. and on his information, police came there and seized the vehicle and also unloaded the bag from the vehicle and thereafter opened the bag then the police found that one dead body was present in the bag, which was identified by the informant as Runa Devi.
It has been submitted by the learned counsel for the petitioners that the husband and father-in-law have been given the benefit of doubt and acquitted in Sessions Trial No. 184/2015 on 28.08.2015. It has also been brought on record and placed at Annexure-2 in which the informant in his examination has categorically stated that the death of the daughter, Runa Devi could not be attributable to the petitioners and the family members as the victim died of sickness.
Be that as it may, since the husband and the father-in-law have been acquitted by the Sessions Judge and these petitioners are Gotni (Sister-in-law) and mother-in-law, respectively, let the above named petitioners in event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)each with two sureties of like amount
4/4 each to the satisfaction of Shri R. R. Raman, Judicial Magistrate, 1st class, Begusarai in connection with Bhagwanpur P.S.Case No. 111/2014 (State Vs. Ram Ratan Paswan & ors). subject to the conditions as laid down under Section 438(2) of the Cr. P. C. (Nilu Agrawal, J) Sudha/- U T