Shail Devi @ Shailo Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8434 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -PANDAUL District- MADHUBANI ======================================================
1. Shail Devi @ Shailo Devi W/o Ram Kewal Singh @ Kewal Singh
2. Ram Kewal Singh @ Kewal Singh S/o Anoop Singh Both resident of village - Khangaun, Purab Tol, P.S. Pandaul, District - Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Sameer Ranjan, Advocate. For the Opposite Party/s : Mr. Subhash Chandra Mishra, A.P.P. For the Informant: Mr. Gagan Deo Yadav, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel appearing for the informant.
The petitioners, two in number, apprehend their arrest in a case under Section 302 and other sections of the Indian Penal Code.
The informant, father of the deceased Sheela Kumari, alleged that his daughter was married to Inderjeet Singh @ Malikjee in the year 2001. His daughter got three children. The eldest is 9 years old and the youngest is 5 years old. The informant alleged that for the last five years, her husband, father-in-law and mother-in-law started demanding money and all the accused persons burnt his daughter to death.
Patna High Court Cr.Misc. No.8434 of 2015 (2) dt.03-03-2015 2/3 It is submitted that the petitioners are the mother-inlaw and the father-in-law of the deceased. Sheela Kumar died due to accident. The allegation of demand of dowry is palpably false as no complaint was ever made during 13 years after marriage of the deceased with Inderjeet Singh.
On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that the informant made allegations that the petitioners were demanding rupees one lakh and a motorcycle.
It appears that omnibus and general allegations are made about demand of dowry; that too, after 13 years of marriage, when the daughter of the informant died but no complaint was ever made about the ill-treatment at the hands of the petitioners. The deceased got three children from her wedlock. Considering the facts that the petitioners are the mother-in-law and the father-in-law of the deceased, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in
Patna High Court Cr.Misc. No.8434 of 2015 (2) dt.03-03-2015 3/3 Pandaul P.S. Case No. 148/2014, corresponding to G.R. Case No. 2156/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T