Sanjula Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5914 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================

1. Sanjula Devi, Wife of Dhaneshwar Choudhary.

2. Santosh Kumar Choudhary, Son of Dhaneshwar Choudhary.

3. Dhaneshwar Choudhary, Son of Late Niras Choudhary, All residents of village - Sarhad, P.S. - Pandaul, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pandaul P.S. Case No. 155 of 2016, registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is that marriage of Kanchan Devi, daughter of informant, was performed with Santosh Kumar Choudhary (petitioner no. 2) before one year. Due to quarrel in between the daughter of informant and her husband (petitioner no. 2), she consumed poison and she started vomiting. On query by her father-in-law, mother-in-law and husband, daughter of informant disclosed that she consumed poison. Thereafter,

daughter of informant, was rushed to Sadar Hospital, Madhubani, where from, she was referred to D.M.C.H., Darbhanga, regarding which, information was also given to the informant through mobile, on which, informant came at D.M.C.H., Darbhanga, and found that her daughter died in course of treatment. Learned counsel for the petitioners submits that petitioner nos. 1, 2 and 3 are mother-in-law, husband and fatherin-law of the deceased respectively and due to hot talk exchanged in between the daughter of informant and her husband (petitioner no. 2), Kanchan Devi, daughter of informant, consumed poison and started vomiting and, on query, she disclosed about consuming poison, thereafter she was rushed to Sadar Hospital, Madhubani, where from, she was referred to D.M.C.H., Darbhanga, regarding which, information was also given to the informant, who came at the hospital and her daughter died in course of treatment in her presence.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six 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 Chief Judicial Magistrate,

Madhubani, in connection with Pandaul P.S. Case No. 155 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T