Shanti Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20805 of 2015 Arising out of PS.Case No. -48 Year- 2014 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Shanti Devi, wife of Babu Ram Paswan.

2. Poonam Kumari, D/o Babu Ram Paswan.

3. Chalitar Paswan, son of late Mundrika Paswan.

4. Babu Ram @ Babu Ram Paswan, son of Late Kashi Paswan. All residents of village Amba Bishunipur, ps.Kutumba Distt. Aurangabad (Bihar).

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Kamlendra Pd. Singh, Advocate. For the Opposite Party : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2015 The petitioners are apprehending their arrest in connection with Kutumba P.S. Case No. 48 of 2014 for the offences instituted under Sections 304(B), 120(B) and 201/34 of the Indian Penal Code.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that Pinki Devi was married with Shatrughan Paswan on 22.05.2013 and in the said marriage, several gifts were given, but after two months of the marriage, they demanded one buffalo and golden chain and for that accused persons started torturing, the deceased who informed

Patna High Court Cr.Misc. No.20805 of 2015 (2) dt.02-07-2015 the informant. On 18.06.2014, the informant got telephonic message from the villagers that his daughter has been caused to death by burning and then on 19.06.2014 the informant went to the Sasural of his daughter alongwith his brother Suresh Paswan, Rajendra Paswan, Dadan Paswan and Vijay Paswan and came to know that Pinki Devi has been caused to death by burning by Shatrughan Paswan, Shanti Devi, Poonam Kumari, Babu Ram Paswan and Chalitar Paswan and her dead body has been burnt. So, in the F.I.R., the informant has alleged that these petitioners alongwith the husband of the deceased have caused dowry death of the deceased by burning for fulfilment of further dowry demand.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the petitioner no. 1 is the mother-in-law, petitioner no. 2 is un-married Nanad, petitioner no. 3 is co-villager and petitioner no. 4 is the father-in-law of the husband of the deceased. It is further submitted that the petitioners are separate in mess and property and they have got no concern with the husband of the deceased.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Patna High Court Cr.Misc. No.20805 of 2015 (2) dt.02-07-2015 Considering the same, the petitioners above named, are directed to be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Kutumba P.S. Case No. 48 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T