Patna High CourtCR. MISC./37998/2015bail granted

Hira Devi And ANR v. The State Of Bihar

2015-09-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37998 of 2015 Arising Out of PS.Case No. -37 Year- 2015 Thana -PIPRA District- SUPAUL ======================================================

1. Hira Devi Wife of Sitaram Mandal

2. Radha Devi Wife of Manoj Mandal Both resident of village - Pathra, Police Station - Pipra, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2015 Learned counsel for the petitioners is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioners and the State. The petitioners being mother and sister in law (Gotni) are apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code. The accusation is of killing the daughter of the informant after four years of marriage by administering poison for non fulfillment of dowry demands and she was being tortured since the husband of the victim had illicit relationship with the petitioner Radha Devi.

Patna High Court Cr.Misc. No.37998 of 2015 (2) dt.21-09-2015 2/2 It is submitted by the learned counsel for the petitioners that the postmortem report reflects no external injury, particularly, resisting injury and the doctor failed to ascertain the cause of death, hence viscera has been preserved. It is further submitted that during investigation it was found that the victim herself consumed poison. The husband of the victim is in custody. Considering the fact that the postmortem report does not reflect even the resisting injury and the petitioners being ladies, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM, Supaul in connection with Pipra P.S. Case No.37 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T