Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28174 of 2020 Arising Out of PS. Case No.-254 Year-2019 Thana- SISWAN District- Siwan ====================================================== 1.
Munni Devi, aged about 26 years, Female, Wife of Pankaj Singh, Resident of Village - Siswan, P.S. - Siswan, District - Siwan. 2.
Vikky Singh @ Vikky Devi, Female, aged about 25 years, Daughter of Ashok Singh, Wife of Chandan Singh, Resident of Village - Siswan, P.S. - Siswan, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2020 Heard Mr. Raghav Prasad, learned counsel for the petitioners and Mr. Uma Shankar Prasad Singh, the learned Additional P.P. through video conferencing.
The petitioners apprehend their arrest in Siswan P.S. Case No.254 of 2019, registered under Sections 304(B)/34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.
The informant, father of the deceased Anjali Devi, disclosed that he solemnized marriage of his daughter on 11.12.2019 with Prakash Kumar, son of Ashok Singh and gifted many ornaments and household articles but the husband, fatherin-law and other in-laws of his daughter demanded
Patna High Court CR. MISC. No.28174 of 2020(2) dt.03-12-2020 2/3 Rs.4,00,000/-, a cow and many other articles. On 28.12.2019, Prakash Kumar, the son-in-law of the informant and husband of the deceased informed his mother-in-law, wife of the informant, that the condition of her daughter is very precarious. Thereafter the informant and his wife went to the house of his daughter and found the dead body lying on her bed. The informant alleged that the accused persons killed his daughter due to nonfulfillment of demand of dowry. Learned counsel for the petitioners submits that the petitioners are sister-in-law (Gotni) and married sister-in-law (Nanad) of the deceased. The deceased was married with Prakash Kumar, son of Ashok Singh on 11.12.2019. She herself committed suicide by hanging herself on 28.12.2019.
The post mortem report shows that there is only ligature mark around the neck of the deceased and no other injury was found on the person of the deceased. This fact shows that the deceased herself committed suicide. It is further submitted that the deceased was having affair with one Rupesh Singh but she was forcibly married with Prakash Kumar and that is why she committed suicide.
The learned Additional P.P. opposed the prayer for anticipatory bail of the petitioners and submits that only within
Patna High Court CR. MISC. No.28174 of 2020(2) dt.03-12-2020 3/3 15 days of marriage, the deceased died in her in-laws' house and petitioners are sisters-in-law of the deceased. It appears from perusal of the records that within 15 days, the daughter of the informant died. The postmortem report shows that the deceased died of hanging. No other injury was found on the person of the deceased and this fact indicates that the deceased appears to have committed suicide. Petitioners are sisters-in-law, Gotni and married Nanad of the deceased. Considering the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 ACJM-IV, Siwan in connection with Siswan P.S. Case No.254 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) S.KUMAR/- U T