Shivrati Devi And ANR. v. The State Of Bihar
Patna High Court Cr.Misc. No.47118 of 2015 (3) dt.28-01-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47118 of 2015 Arising Out of PS.Case No. -196 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Shivrati Devi, W/o Amawas Mahto
2. Raj Nath Mahto, S/o Late Saryu Mahto, Both are resident of VillageTewtha, P.S.- Maharajganj, District- Siwan. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Maharajganj P.S. Case No. 196 of 2014 registered under Sections 304(B) and 201/34 of the Indian Penal Code. The accusation is of killing of daughter of informant by her husband and in-laws due to non-fulfillment of demand of dowry.
Learned counsel for the petitioners submits that, in fact, Kumari Parmila, daughter of informant, died due to illness and after death information was given to the complainant/informant, who also came and participated in the
Patna High Court Cr.Misc. No.47118 of 2015 (3) dt.28-01-2016 funeral ceremony but later on informant started to give undue pressure for illegal demand and due to non-fulfillment of the same, informant lodged the Complaint Case No. 1471 of 2014 on 08.07.2014 in the court of C.J.M., Siwan, which is the basis of the F.I.R. It is further submitted that petitioner no. 1, Shivrati Devi, is the mother-in-law and petitioner no. 2, Raj Nath Mahto, is cousin father-in-law of the deceased. Ramesh Kumar, husband of the deceased, is in custody since 17.12.2015.
Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 the Chief Judicial Magistrate, Siwan in connection with Maharajganj P.S. Case No. 196 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T