Parwati Devi And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.46307 of 2016 (3) dt.13-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46307 of 2016 Arising Out of PS.Case No. -19 Year- 2015 Thana -MEHDIGANJ District- PATNA ======================================================

1. Parwati Devi, Wife of Suhag Rai, resident of Village : Ranipur Murcha, P.S. - Mehandiganj, District - Patna.

2. Manita Kumari, Daughter of Suhag Rai, resident of Village : Ranipur Murcha, P.S. - Mehandiganj, District - Patna.

3. Sushila Devi, Wife of Bhola Rai, Daughter of Suhag Rai resident of Village : - Mahnar, P.S. : - Mahnar, District : - Vaishali.

4. Kaushalya Devi, Wife of Manoj Rai, Daughter of Suhag Rai resident of Village : Goreya Sthan, P.S. : - Maner, District : - Patna.

5. Dharmshila Devi, Wife of Parmanand Rai, Daughter of Suhag Rai resident of Village : - Chapra, P.S. : - Bidupur, District : - Vaishali.

6. Sunita Devi, Wife of Satish Rai, Daughter of Suhag Rai resident of Village - Bahalgama, P.S. : - Bidupur, District : - Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ved Prakash Srivastva, Advocate. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mehandiganj P.S. Case No. 19 of 2015 registered under Sections 304B, 201 and 120B 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 petitioners are mother-in-law and sisters-in-law of the deceased

Patna High Court Cr.Misc. No.46307 of 2016 (3) dt.13-12-2016 and have been falsely been implicated in this case. It is further submitted that it would appear from the F.I.R. that after receiving information about admission of the deceased in P.M.C.H., Patna, informant, mother of the deceased and other family members of the deceased reached at P.M.C.H., Patna, where the deceased died on 18.04.2015 and the dead body was handed over to the family members of the petitioners and the same was carried for cremation but due to ulterior motive petitioners and others have falsely been implicated in this case. It is further submitted that while there is allegation about the deceased died due to sustaining injury but it would appear from paragraph 75 of the case diary that the cause of death is Chronic Renal Failure.

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 six 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 S.D.J.M., Patna City, in connection with Mehandiganj P.S. Case No. 19 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T