Patna High CourtCR. MISC./37877/2016rejected

Jaglal Chaudhary @Jaglala Chaudhary Andanr v. The State Of Bihar

2016-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37877 of 2016 Arising Out of PS.Case No. -76 Year- 2016 Thana -MADANPURA District- AURANGABAD ======================================================

1. JAGLAL CHAUDHARY @JAGLALA CHAUDHARY, s/o late Prasad Chaudhary,

2. Daulati Devi, w/o Jaglal Chaudhary, both r/v Nagmatiya, P.S. Madanpur, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.

The petitioner Daulati Devi apprehends her arrest in Madanpur P.S. Case No. 76 of 2016, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code.

The brother of the deceased alleged that his sister was married with Dharmendra Chaudhary, son of the petitioner Daulati Devi. Dharmendra Chaudhary was living in Rajsthan to earn his livelihood. The petitioner Daulati Devi and her husband Jaglal Chaudhary used to torture the sister of the informant. The informant made all efforts to pacify the matter. On 11.05.2016, the informant came to know that his sister was burnt to death and the informant went to the house of the petitioner. The informant came

Patna High Court Cr.Misc. No.37877 of 2016 (3) dt.21-10-2016 2/2 to know that the body of his sister was brought to ANMMCH, Gaya for treatment and on the next day his sister died. Learned counsel for the petitioner submits that the deceased got accidental fire while she was cooking food. The petitioner is mother-in-law of the deceased. The petitioner never demanded any dowry, but from perusal of the case diary it appears that the Investigating Officer did not find any sign of burning in the kitchen. The deceased died due to burn injury within one and half years of her marriage and the petitioner was living with the deceased. There is specific allegation that the petitioner burnt the deceased to death due to non-fulfillment of demand of dowry. Considering the facts aforesaid, I am not inclined to enlarge the petitioner Daulti Devi above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T