Manni Devi @ Manni Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56996 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Nagendra Singh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 57101 of 2024 Arising Out of PS. Case No.-169 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Manni Devi @ Manni Sinha ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 56996 of 2024) For the Petitioner/s :
Mr. Priyesh Kumar For the Opposite Party/s :
Mr. Rajesh Kumar (In CRIMINAL MISCELLANEOUS No. 57101 of 2024) For the Petitioner/s :
Mr. Priyesh Kumar For the Opposite Party/s :
Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024
1. Heard learned Counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. This application, for grant of anticipatory bail, arises out of Jandaha Police Station Case No. 169 of 2024, dated 31.05.2024, disclosing offences under Sections 304-B/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.56996 of 2024(2) dt.04-09-2024 2/3
3. The prosecution case, as per the First Information Report, is that the informant solemnized the marriage of his daughter with co-accused Chandan Kumar in the year 2021. After marriage the petitioners, alongwith other accused persons, started demanding four wheeler as dowry and due to non-fulfillment of the demand, the daughter of the informant was killed on 30.05.2024.
4. Learned counsel for the petitioners submits that the petitioner in Cr. Misc. 56996 of 2024 is father-in-law and petitioner in Cr. Misc. 57101 of 2024 is mother-in-law of the deceased. He next submits that deceased has committed suicide and the allegation that the petitioners have killed the deceased is false.
5. I have heard learned counsels for the parties and perused the materials available on record.
6. From perusal of the impugned order, it appears that within three years of marriage the deceased has died in her matrimonial home. The nature of the death is not important whether it is homicidal, suicidal or accidental, but the fact is that deceased has died an unnatural death within 07 years of her marriage. There is presumption against the accused persons under Section 113-A and 113-
Patna High Court CR. MISC. No.56996 of 2024(2) dt.04-09-2024 3/3 B of the Evidence Act, 1872. The petitioners, being inlaws of the deceased, demanded dowry from her, accordingly, I am not inclined to grant the petitioners the privilege of anticipatory bail.
7. The bail application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T