Shakuntala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55381 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- SIGAUDI District- Patna ====================================================== 1.
Shakuntala Devi wife of Ramji Yadav @ Ramji Singh @ Chandra Shekhar Singh village- Murar Chak P.S.- Shigori Dist- Patna 2.
Ramji Yadav @ Ramji Singh @ Chandra Shekhar Singh son of Late Matuk dhari Singh village- Murar Chak P.S.- Shigori Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Parashuram Singh, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-09-2023 Heard Mr. Parashuram Singh, learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners, who are parents-in-law of the deceased, are apprehending their arrest in connection with Sigori P.S. Case No. 25 of 2023, registered for the offences punishable under Sections 304(B) and 201/34 of the Indian Penal Code.
3. Allegedly, the marriage of the daughter of the informant was solemnized with the son of the petitioners, five years ago. Soon after the marriage, the informant was subjected to demand of dowry and on account of non fulfillment of the
Patna High Court CR. MISC. No.55381 of 2023(2) dt.20-09-2023 2/3 same, she was done to death by all the accused persons, including the petitioners.
4. Learned counsel appearing on behalf of the petitioners submits that from the FIR it is manifest that the marriage was solemnized five years ago and the couple were blessed with two children and, as such, the allegation of demand of dowry and causing the death of the deceased appears to be doubtful. He next submits that in fact the deceased died on account of natural death and later on the instigation made by some unscrupulous persons, this FIR has been instituted against all the family members by alleging general and omnibus allegation. He next submits that the thrust of the accusation is against the husband of the deceased, who is now behind the bar and, moreover, the petitioners are old parents-in-law, having fair antecedent, undertakes that they will fully co-operate in the investigation or in the proceeding of the Court.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the death has taken place within seven years of marriage in unnatural circumstances and soon before her death, there was a demand of dowry and, as such, it is a case of dowry death.
6. Regard being had to the submissions made on
Patna High Court CR. MISC. No.55381 of 2023(2) dt.20-09-2023 3/3 behalf of the parties and considering the fact that the petitioners are parents-in-law and the marriage was solemnized five years ago and the couple have blessed with two children and, moreover, the husband of the deceased is behind the bar, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Danapur, Patna in connection with Sigori P.S. Case No. 25 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) shivank/- U T