Balkeshwari Devi @ @ Balkeshwari @ Sanyogani Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53525 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- FATUA District- Patna ======================================================
1. BALKESHWARI DEVI @ @ BALKESHWARI @ SANYOGANI DEVI, aged about 55 Years W/o Sona Ravidas, R/o Vill.- Khokhana, P.S.- Fatuha, District- Patna.
2. Sona Ravidas, aged about 60 Years S/o Sothi Ravidas, R/o Vill.- Khokhana, P.S.- Fatuha, District- Patna.
3. Vifia Devi, W/o aged about 40 Years Sri Upendra Ravidas, R/o Vill.- Mahmadpur, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manager Sah, Adv.
For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners, being the maternal-grand-parents and mother of the husband of the victim is languishing in custody since 10.04.2018 in a case registered for the offences punishable under Sections 304B and 120B of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 09.04.2018 submitted by Dinesh Mochi to the Station House Officer, Fatuha Police Station to the effect the informant's elder daughter Jyoti was married with Dharmendra Das in the year 2015, but subsequent to marriage,
Patna High Court Cr.Misc. No.53525 of 2018(4) dt.07-01-2019 2/3 there was dowry demand of a motorcycle and a gold chain and for non-fulfillment of the same, the daughter of the informant was tortured. On 09.04.2018, at 10.00 A.M., the informant received information that her daughter has been killed by her in-laws family members.
It is submitted by learned counsel for the petitioner that the the petitioners are roped in in the present case since the husband of the victim used to reside at her maternal-grandparents' house. The thrust of accusation is against the husband of the victim. The post-mortem reflects that the victim died due to asphyxia. The petitioners claim to have been residing separately from the husband of the victim. Moreover, there is no eye witness to the occurrence. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP for the State after going through the case diary submits that though there is no eye witness to the occurrence, but since the husband of the victim is residing with her maternal-grand- parents, hence, suspicion has been raised against the petitioners to have participated in commission of murder of the victim.
Considering the thrust of accusation against the
Patna High Court Cr.Misc. No.53525 of 2018(4) dt.07-01-2019 3/3 husband of the victim and there is no direct evidence collected during investigation against the petitioners, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Patna City, in connection with Fatuha P.S. Case No.207 of 2018.
(Dinesh Kumar Singh, J) Ashwini/- U T