Pammi Devi And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18789 of 2015 Arising Out of PS.Case No. -648 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pammi Devi, wife of Rajesh Prasad.

2. Shweta Kumari D/o Rajesh Prasad.

3. Mamta Kumari Daughter of Rajesh Prasad. All are resident of VillageRaghunatpur P.O. Raghunathpur, P.S. Turkaulia Dist- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-09-2015 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Turkaulia P.S. Case No.648 of 2014 registered under Sections 304(A), 304(B)/34 of the Indian Penal Code. The case diary, which was earlier called for in the present case, has been received.

Learned counsel for the petitioners submits that the petitioners are the mother-in-law and unmarried sister-in-law of the deceased lady, who was found to have been hanged to death. Learned counsel for the petitioners further submits that though there is a clear allegation by the informant that the death has occurred on account of pressing the neck of the deceased but the post-mortem report reveals otherwise, i.e., the cause of death

Patna High Court Cr.Misc. No.18789 of 2015 (3) dt.30-09-2015 has been stated to be hanging leading to asphyxia and death. Learned counsel for the State after perusing the case diary submits that there is a clear allegation against the petitioners regarding their having tortured the deceased. However, several villagers have stated that the door was closed from inside and after breaking the same it was found that the girl was hanging in the ceiling fan.

Considering the fact that all the petitioners are ladies and there is no clear finding that the neck of the deceased had been pressed, rather it is a case of strangulation by hanging from ceiling fan, let the petitioners, above named in the event of their arrest/surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P.S. Case No.648 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjana Mishra, J) V.P.Sinha/- U