Sukhdeo Tanti And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33423 of 2015 Arising Out of PS.Case No. -254 Year- 2013 Thana -KATORIA District- BANKA ======================================================
1. Sukhdeo Tanti Son of late Matoki Tanti.
2. Ganga Devi Wife of Sukhdeo Tanti. Both are residents of VillageGonobari, (Inarabaran), P.S. Katoria, District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv. For the Opposite Party/s : Mr. Manish Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.
The petitioners apprehend their arrest in Katoriya P.S. Case no. 254/2013, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code. The informant alleged that her daughter was married with Pradip Tanti on 29th May, 2013. Her daughter informed that her husband, father-in-law and mother-in-law were torturing her due to non-fulfillment of demand of dowry. On 07.12.2013, Ganga Devi, petitioner no. 2 informed her about the illness of her daughter but her daughter was ill-treated by her husband who disclosed that her husband, father-in-law and mother-in-law forced her to take poison. Consequently, she died.
Patna High Court Cr.Misc. No.33423 of 2015 (3) dt.15-10-2015 2/2 Learned counsel for the petitioners submits that of course the informant has stated that the deceased herself during course of treatment disclosed the facts that she was poisoned by her husband, mother-in-law and father-in-law but all other witnesses have stated that poisonous substance fell in her food which was taken by her and that is why she died. Considering the facts that the deceased died within six months of her marriage and the mother of the deceased has very categorically stated that the deceased, while under treatment, disclosed her that she was forced to take poison by her husband, father-in-law and mother-in-law, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Rakhi/- U T