Lilawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64964 of 2021 Arising Out of PS. Case No.-158 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== LILAWATI DEVI W/o Sumendra Singh Resident of Village- Chakuwa, P.S.- Kutumba, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar Singh For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends her arrest in connection with Kutumba P.S. Case No. 158 of 2020, registered for offence punishable under section 304 (B), 34 of the Indian Penal Code. As per allegation, the daughter of the informant was married to co-accused Rohit Kumar Singh in the year 2018. The customary presents were given at the occasion of the marriage. After two months of the marriage, the husband and in-laws threatened her to kill if their demand of motorcycle is not
Patna High Court CR. MISC. No.64964 of 2021(3) dt.21-09-2022 2/3 fulfilled. Thereafter, the accused persons started inflicting atrocities on the daughter of the informant. The husband, sisterin-law, mother-in-law, father-in-law and brother-in-law of the victim subjected her to cruelty. The daughter of the informant used to transmit information by mobile about atrocities committed by the accused persons. Her daughter has also apprised the informant that the accused persons are not providing her meals. On 06.09.2020, the son of the informant, namely, Sunny Kumar, who was present in her sister's house, called her mother on phone and informed that the accused persons, including the petitioner had killed Akanchha @ Golden (daughter of the informant) by strangulating her.
The learned counsel for the petitioner has submitted that the petitioner is mother-in-law of the deceased. She has no concern with dowry demand and she is an old lady. He has also submitted that when the informant went to hospital, her daughter was breathing. The learned counsel for the petitioner has submitted that the matrimonial inmates of the deceased had transmitted the information of her not being well to the informant.
The petitioner is mother-in-law of the deceased. There is allegation that she along with other accused persons inflicted
Patna High Court CR. MISC. No.64964 of 2021(3) dt.21-09-2022 3/3 atrocities on the deceased for non-fulfillment of dowry demand and the deceased was strangulated to death at the hands of the matrimonial inmates, including the petitioner. The husband of the deceased, as submitted by the learned counsel for the petitioner, is still in jail.
In my view, it is not a fit case for anticipatory bail. Accordingly it is rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/- U T