Sharda Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28075 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -RIGA District- SITAMARHI ======================================================

1. Sharda Devi wife of Parmeshwar Mahto

2. Parmeshwar Mahto son of Late Bela Mahto Both R/o village- Kushmari, P.S.- Riga, District- Sitamarhi. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 28-11-2016 Heard the counsel for the petitioners and the APP for the State.

The petitioners are mother-in-law and father-in-law respectively of the deceased and are facing accusation in Riga P.S. Case No. 23 of 2016, punishable under Sections 304B and 201/34.

The father of the victim lodged the case that within one year of her marriage, the victim was tortured for non fulfillment of demand of dowry. Subsequently, the victim went to the house of her sister who is residing in the same village and in the evening her mother-in-law and two other ladies of the village along with her husband brought her to their house and in

Patna High Court Cr.Misc. No.28075 of 2016 (6) dt.28-11-2016 2/2 the night, they administered poison and killed her while she was at her Sasural inasmuch as the dead body was disposed of without informing the Naihar.

The contention of the petitioners is that they are parents-in-laws. They are not directly responsible. It is the prime duty of the husband to take care of his wife. The APP opposes the prayer for bail and submits that the allegation is specific against the petitioners also in the First Information Report. The allegation against the petitioners is serious in nature.

Considering the facts and circumstances of the case, I am not inclined to persuade the privilege of anticipatory bail to the petitioners. Prayer is rejected.

Let the petitioners surrender and pray for bail which shall be considered by the learned court below on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) ajaypd./- U T