Rubi Kumari @ Rubi Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25361 of 2016 Arising Out of PS.Case No. -151 Year- 2009 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Rubi Kumari @ Rubi Devi daughter of Raj Kumar Rai,

2. Manisha Kumari daughter of Raj Kumar Rai,

3. Reshmi Devi wife of Late Hardev Rai, all are resident of Village- Sadha Dumber Hurraha, P.S.- Motipur, District- Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2016 Heard learned counsel for the parties.

Petitioners no. 1 and 2 being the sisters-in-law and petitioner no.3 being grandmother of the daughter of the informant are apprehending their arrest in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code. The accusation is of killing the daughter of the informant for non-fulfillment of dowry demands.

It is submitted by the learned counsel for the petitioners that though the case was registered in 2009 but the initial final report was submitted only against the husband of the victim, Santosh Kumar and the investigation is kept pending against other accused persons. Therefore, second final report No.11/2011 was submitted on 31.1.2011 against the co-accused Raj Kumar Rai and

Patna High Court Cr.Misc. No.25361 of 2016 (2) dt.22-06-2016 Kaushalaya Devi, the parents of the husband but the petitioners were not sent up for trial but differing with the final report the learned S,D.J.M. (West), Muzaffarpur took cognizance of the offence on 9.7.2013 and the summons have been issued against the petitioners on 30.3.2015. Statement to that effect has been made in paragraph 14 of the application.

Considering the fact that the thrust of accusation is against the husband of the daughter of the informant and on conclusion of investigation the petitioners were not sent up for trial, let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within a period of twelve weeks from today, be released on bail 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. (West), Muzaffarpur in Motipur P.S.Case No. 151/2009, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Surendra/- U