Kiran Kumari @ Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53185 of 2016 Arising Out of PS.Case No. -339 Year- 2015 Thana -SUPAUL District- SUPAUL ====================================================== Kiran Kumari @ Kiran Devi, D/o - Shyam Sunder Mandal, Resident of Village - Telwa Gonth, Ward No. 11, P.S. - Supaul, District - Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Supaul P.S. Case No.339 of 2015 (Sessions Trial No.154 of 2016) registered under Section 304(B) of the Indian Penal Code. The accusation of the informant Vijay Mahto is that he had performed the marriage of his daughter Murti Devi before 10 months with Sanjeet Kumar. Thereafter, she was being tortured by her fatherin-law, mother-in-law, sister-in-law (Nanad) and husband for non fulfillment of the dowry demand. On 03.08.2015 in the morning at about 04.00 A.M., his Samadhi (the father-in-law of his daughter) made a call to him on telephone and asked him to come to Telwa. On receiving such information, the informant went there and found the

Patna High Court Cr.Misc. No.53185 of 2016 (3) dt.20-12-2016 2/2 dead body of his daughter lying in the Varandah and blood and froth oozing from her month. The informant further alleged that his daughter has been killed by her husband, father-in-law, mother-in-law and Nanad (sister-in-law) (petitioner) by administering poison for non fulfillment of the dowry demand.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the sister-in-law of the deceased, the daughter of the informant, and has falsely been implicated in this case. Further submission is that the petitioner had no concern with the torturing and making demand of dowry from the deceased. The husband of the deceased is already in custody.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Supaul, in connection with Supaul P.S. Case No.339 of 2015 (Sessions Trial No.154 of 2016), subject to the conditions laid down under Section 438(2) Cr.P.C.

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