Lilawati Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41546 of 2015 Arising Out of PS.Case No. -104 Year- 2015 Thana -RIVILGANJ District- SARAN ======================================================

1. Lilawati Devi wife of Asarfi Mahto

2. Asarfi Mahto Son of Late Chathu Mahto Both are resident of VillageMohammadpur ,P.s Revilaganj,Distt saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Anuradha Singh, Advocate For the Opposite Party/s : Mr. Lalan Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Revilganj P.S.Case no. 104 of 2015 registered for offences under Sections 304 (B)/201/34 of Indian Penal Code. The prosecution case as lodged by Shankar Mahto before the Officer In-charge of Revilganj P.S. stated that his daughter, Pushpa Kumari ( deceased) was married with coaccused Mukesh Mahto , the son of the petitioners on 29.05.2014 and went to her Sasural. Thereafter, all the accused persons including petitioners started demanding motorcycle and gold chain in dowry and for this, they tortured the deceased. Subsequently on 30.06.2015, they killed the daughter of the informant and had hidden the dead body due to non-fulfillment of dowry demand.

Patna High Court Cr.Misc. No.41546 of 2015 (2) dt.07-10-2015 2/2 It has been submitted by the learned counsel for the petitioners that the petitioners are mother-in-law and father-in-law of the victim Pushpa Kumari. The allegations against the petitioners are general and omnibus.

It has been submitted that no specific allegation has been levelled against them and on the basis of compromise, which finds place at Annexure-3 of this application, there is a specific averment in the compromise petition that the victim died due to an accident as stated by the informant.

Under such circumstances, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks from today before the Court below be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Shri Divya Prakash, Judicial Magistrate 1st class, Chapra, Saran in connection with Revilgaj P.S.Case No. 104 of 2015, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) Sudha/- U T