Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36410 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== 1.

SHILA DEVI WIFE OF MANIK CHAND PASWAN RESIDENT OF VILLAGE - JADHUA BARAI TOLA, POLICE STATION - INDUSTRIAL AREA HAJIPUR IN THE DISTRICT OF VAISHALI 2.

MANIK CHAND PASWAN SON OF LATE BIPAT BHAGAT RESIDENT OF VILLAGE - JADHUA BARAI TOLA, POLICE STATION - INDUSTRIAL AREA HAJIPUR IN THE DISTRICT OF VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr. Kumar Birendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2021 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner No.1, Shila Devi, apprehends her arrest in Hajipur Industrial Area PS case No. 49/2020 registered under Section 304B/34 of the IPC.

The informant alleged that her daughter was married to son of the petitioner two years ago but immediately after marriage her husband, father-in-law and mother-in-law, the petitioner, started subjecting her daughter to physical and mental torture. The daughter of informant came to her house but later

Patna High Court CR. MISC. No.36410 of 2020(3) dt.24-06-2021 2/2 on her mother-in-law, father-in-law and husband took her to their house. On 26.04.2020, the informant got informant that the accused persons strangulated her daughter to death. When the informant went to the place of occurrence she saw the dead body of her daughter lying.

The learned counsel for the petitioners submits that petitioner is mother-in-law of the deceased. There is no specific allegation against the petitioner. The petitioner never demanded any dowry nor tortured the deceased but from perusal of the case diary and the post mortem report, it appears that deceased got ligature mark around her neck and she appears to be strangulated to death. The death of the deceased occurred in unnatural circumstance by strangulation. The petitioner is mother-in-law of the deceased.

Taking into consideration the facts aforesaid, I am not inclined to enlarge petitioner No.1 on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T