Ramkali Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35908 of 2016 Arising Out of PS.Case No. -267 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ramkali Devi wife of Late Mahadeo Bhagat

2. Sandhya Devi wife of Munna Chaurasiya, Both residents of Village- Pansalwa, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsel for the petitioners and the State.

The petitioners being the mother and brother's wife of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34, 201 of the Indian Penal Code. The prosecution case is of killing the sister of the informant Meera Devi after more than six years of marriage by strangulating her for non-fulfillment of dowry demand of motorcycle and she-buffalo and disposed of the dead body.

It is submitted by the learned counsel for the petitioners that date of marriage is on 19.02.2009 and

Patna High Court Cr.Misc. No.35908 of 2016 (2) dt.07-09-2016 date of death is 19.12.2015 are admitted. Hence, admittedly the sister of the informant died after more than six years of marriage. The accusation of demand of dowry is alleged to have started after two months of the marriage, but no complain was made with regard to the same in six years. The petitioners' claim to be separate from the husband of the victim. The accusation is omnibus and general against the entire in-laws family including the petitioners. Though, the thrust of accusation is against husband of the victim, who is in custody. Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 267 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K.