Chanso @ Chanci Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28893 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== CHANSO @ CHANCI DEVI W/o Sri Surendra Singh Resident of VillageJabarpur Koraiya, P.S.-Dulhin Bazar, District-Patna-801102. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ Manu For the Opposite Party/s :

Mr.Ashok Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Dulhin Bazar Police Station Case No. 24 of 2020, disclosing offences under Sections 304-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the daughter of the informant (now deceased) was married to the son of the petitioner in the year 2013 and out of their wedlock, one son was born. It has further been alleged that on 03.02.2020, at about 3 PM, the informant received information regarding the death of his daughter and when he reached the matrimonial home of the deceased, he found the

Patna High Court CR. MISC. No.28893 of 2020(2) dt.10-12-2020 2/3 dead body of the deceased lying on the ground and there was mark of rope around her neck. It has further been alleged that on the alleged date of occurrence, there was a quarrel between the deceased and her mother-in-law (petitioner) and his daughter was assaulted by the petitioner and subsequently she was killed. Learned Counsel for the petitioner submits that the petitioner, who is the mother-in-law of the deceased, has falsely been implicated in this case along with other family members and the deceased has committed suicide. He further submits that the post-mortem examination report does not support any kind of violence upon the deceased inasmuch as no external injury has been found on the person of the deceased.

On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that the petitioner has specifically been named in the First Information Report and it has been alleged that just before the death of the deceased, the petitioner assaulted the deceased and the deceased died unnatural death within seven years of marriage in her matrimonial home and there is presumption against the petitioner under Section 113-B of the Evidence Act.

After having heard learned Counsel for the parties

Patna High Court CR. MISC. No.28893 of 2020(2) dt.10-12-2020 3/3 concerned and taking into consideration the materials on record and the fact that the deceased died unnatural death within seven hears of marriage in her matrimonial home, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √