Kiran Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26081 of 2016 Arising Out of PS.Case No. -487 Year- 2015 Thana -DHANARUA District- PATNA ====================================================== Kiran Devi W/o Arvind Kumar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate For the Opposite Party/s : Mr. Sri Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-07-2016 Heard learned counsels for the petitioner and the State.
The petitioner being the sister-in-law (gotani) of the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 498A, 304B/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Basic accusation is of killing the sister of the informant namely Rekha Devi, after six years of marriage for non-fulfillment of dowry demand. The dead body of the victim was found hanging on a tree. It is alleged that the sister of the informant was being tortured by her husband, husband's brother and brother's wife for non-fulfillment of dowry demand of Rs.50,000/- and a motorcycle.
It is submitted by learned counsel for the petitioner
Patna High Court Cr.Misc. No.26081 of 2016 (3) dt.15-07-2016 2/2 that the petitioner claims to be separate from the husband of the victim. The thrust of accusation is against the husband of the victim, who is in custody. Though, the petitioner is accused in Dhanarua P.S. Case No.14/2016, levelling accusation under section 302/34 of the Indian Penal Code, but she is on bail. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Dhanarua P.S. Case No.487/2015, pending before the learned Judicial Magistrate, 1st Class, Masaurhi at Patna.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T