Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52826 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

ASHA DEVI W/O- Late Jogindra Singh R/o Vill- Dumaria, P.S.- Sahebpur Kamal, Dist.- Begusarai.

2.

Raja Kumar S/O- Late Jogindra Singh R/o Vill- Dumaria, P.S.- Sahebpur Kamal, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sahebpur Kamal P.S. Case No.158 of 2019 registered under Sections 304(B)/34 of the Indian Penal Code.

The accusation is that the marriage of the deceased Kajal Kumari, the daughter of the informant, Vakil Ram, was performed with Chandan Singh, who, after marriage, used to torture and cause assault to the deceased for non-fulfillment of the dowry demand of cash Rs.1,00,000/- and gold chain. Before 20 days, Chandan Singh had asked the informant that if the aforesaid demand is not fulfilled, his daughter would not return and had also given threatening to kill his daughter. On 30.05.2019, Chandan Singh informed the informant

Patna High Court CR. MISC. No.52826 of 2019(2) dt.23-08-2019 2/2 on mobile phone that his daughter has died. Thereafter, the informant along with his relatives went to the sasural house of his daughter and found his daughter lying dead. All the sasural people of the daughter of the informant had fled away.

Learned counsel for the petitioners submits that the petitioners are mother-in-law and brother-in-law of the deceased, the daughter of the informant, and have falsely been implicated in this case. It would appear from the F.I.R. that the specific allegation of torturing and causing assault to the deceased is against her husband Chandan Singh, who is already in custody since 21.06.2019. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Sahebpur Kamal P.S. Case No.158 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T