Ahelya Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20468 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================
1. Ahelya Devi wife of Shiv Chandra Singh,
2. Shiv Chandra Singh, son of Late Sital Singh Both Resident of villageKishanpur, P.S. Budhuchak, district- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-07-2016 The petitioners being parents of the son-inlaw of the informant are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code.
The basic accusation is of killing the daughter of the informant within two years of marriage for nonfulfilment of dowry demand. It is alleged that son of the victim saw his father being husband of the victim assaulting the daughter of the informant and on the same day the informant received information that the victim has died. It is submitted by learned counsel for the petitioner that accusation is omnibus and general against the entire in-laws family. The petitioners are 70 years of age and they claim to be separate from the husband of the victim. It is further submitted that all the witnesses including the family
Patna High Court Cr.Misc. No.20468 of 2016 (3) dt.29-07-2016 2/2 members of the informant have alleged specific accusation against the husband who used to assault the victim. Learned A.P.P after going through the case diary submits that the victim died due to burn injury within two years of the marriage.
Considering the specific accusation against the husband of the victim, let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Kahalgaon (Budhuchak) P.S. Case No. 2 of 2016, pending in the Court of learned Additional Chief Judicial Magistrate, Bhagalpur.
With the observations above, the application stands disposed of.
(Dinesh Kumar Singh, J) Shageer/- U T