Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41053 of 2020 Arising Out of PS. Case No.-76 Year-2020 Thana- KURSAILA District- Katihar ====================================================== 1.

INDU DEVI WIFE OF NIRANJAN DAS RESIDENT OF VILLAGPURANI BAZAR KHERIYA, PS.-KURSELA, DISTRICT-KATIHAR. 2.

NIRANJAN DAS SON OF BABULAL DAS RESIDENT OF VILLAGPURANI BAZAR KHERIYA, PS.-KURSELA, DISTRICT-KATIHAR. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 30.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners apprehend their arrest in connection with Kursela P.S. Case No. 76 of 2020, registered under Sections 304-B and 120-B/34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Katihar. The accusation is of killing of daughter of informant by her husband and in-laws due to non-fulfillment of demand of

Patna High Court CR. MISC. No.41053 of 2020(2) dt.05-08-2021 2/2 dowry by pressing her neck within two years of her marriage. Learned counsel appearing on behalf of petitioners submits that petitioners are mother-in-law and father-in-law of the deceased, daughter of informant, and both are used to reside separate to their son Ajay Kumar Ram, husband of deceased, who is in custody since 30.07.2020.

The deceased, daughter of informant, died within two years of her marriage in her matrimonial house. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, their prayer for grant of pre-arrest bail stands rejected. The petitioners are directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T