Sita Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17149 of 2015 Arising Out of PS.Case No. -483 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================
1. SITA DEVI , WIFE OF LALLAN JHA
2. SITA DEVI @ ROOP SAGAR DEVI, WIFE OF MAHENDRA JHA
3. LALLAN JHA, SON OF MAHENDRA JHA.
4. MAHENDRA JHA, SON OF LATE ANKIT JHA.
5. CHANCHALA DEVI, WIFE OF SHYAM JHA, ALL RESIDENT OF VILLAGE - MANIK CHOUK TOLA TIKHA, P.S. - RUNNISAIDPUR, DISTRICT - SITAMARHI.
.... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR.
.... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party/s : Mr. Pushpa Sinha 2(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-06-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Runnisaidpur P.S. Case No. 483 of 2014 registered under Sections 302 and 201/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The allegation of informant, Kuwar Kant Mishra, is that marriage of his daughter, Priyanka Kumari, was solemnized in the year 2004 with Sadanand Jha, son of petitioner no. 4. Thereafter, husband of his daughter along with family members started to demand of Rs.5,00,000/- for opening of a garage at
Ahmadabad but the informant could not fulfill the demand. When the husband and other in-laws were torturing the daughter of informant then the informant tried to pacify but her husband and in-laws did not change their behavior. The informant gave Rs.1,50,000/- to his son-in-laws in Ahmadabad. The accused persons brought the daughter of the informant to Ahmadabad. The daughter of the informant always complained on telephone about her torture. On 25.10.2014, the informant received information that his daughter has been rushed to the hospital in burnt condition and she died and dead body was disposed of.
Learned counsel for the petitioners submits that petitioners are sister-in-law (Gotni), mother-in-law, brother-inlaw, father-in-law and married Nanad of the daughter of the informant. It is further submitted that, in fact, there are two children aged about 7 and 9 years due to wedlock of the deceased and her husband, Sadanand Jha and the deceased without consent from her husband gave her youngest son to her brother, who was issueless, in adoption. Due to that reason hot talk was exchanged between the deceased, daughter of the informant, with her husband thereafter deceased, daughter of the informant, made attempt to commit suicide by sprinkling kerosene oil, who was rushed to the hospital but she died during her treatment. Thereafter her dead
body was cremated.
Considering the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 483 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T