Jayada Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42317 of 2019 Arising Out of PS. Case No.-227 Year-2018 Thana- KARJA District- Muzaffarpur ====================================================== JAYADA KHATOON W/o Anwar Hussain Resident of Village- Marban Khurd, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2019 Heard both sides.

The petitioner apprehends her arrest in Karja P.S. case No. 227 of 2018 registered under Section 304B/34 of the IPC. The father of the deceased in his information to the police alleged that his daughter was married to Md. Kamil @ Raja but immediately after marriage her husband, father-in-law mother-in-law, the petitioner, and two daughters-in-law subjected her to different sorts of torture due to non fulfillment of additional demand of dowry such as a four wheeler and Rs. 2 lacs. The informant went to in-laws house of his daughter with a view to pacify the matter but the situation became worsen. On 31.10.2018 the informant got information about the killing of his daughter. When the informant and others went to in-laws house of his daughter, his daughter was found lying dead. The learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased. The petitioner never tortured the deceased nor demanded additional dowry. The deceased did not want to live in her matrimonial house but the

Patna High Court CR. MISC. No.42317 of 2019(2) dt.09-07-2019 2/2 husband of deceased did not allow her to go to her parents house on account of which the deceased committed suicide but it appears from the allegation and order of the learned Additional Sessions Judge that within a year from the date of marriage of the deceased she was done to death on account of additional demand of dowry. The dead body was found inside the house and long ligature mark was found on her neck. The witnesses have reiterated the facts.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that deceased was done to death within a year of her marriage in the house of her in-laws and the petitioner is mother-in-law, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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