Gita Devi And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.15629 of 2017 (3) dt.11-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15629 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Gita Devi, Wife of Birendra Singh

2. Puja Kumar, D/o Birendra Singh, Resident of Village- Chachraha, P.S. Basopatti, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Basopatti P.S. Case No. 162 of 2016, registered under Section 304(B)/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant by her husband and in-laws due to non-fulfillment of demand of dowry by putting fire after sprinkling kerosene oil. Learned counsel for the petitioners submits that petitioners are mother-in-law and sister-in-law of the deceased, daughter of the informant, and they have falsely been implicated in this case due to ulterior motive. In fact, daughter of informant

Patna High Court Cr.Misc. No.15629 of 2017 (3) dt.11-07-2017 performed the marriage with Madho Kumar Singh, son of petitioner no. 1, due to love affairs and due to some quarrel in between the daughter of informant and Madho Kumar Singh, son of petitioner no. 1, she committed suicide by putting fire herself after sprinkling kerosene oil. Moreover, Madho Kumar Singh, husband of the deceased, is in custody since 06.10.2016. Having regard to the facts and circumstances of the case, let the above named petitioner 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 Munsif Ist-cum-Judicial Magistrate Ist Class, Madhubani, in connection with Basopatti P.S. Case No. 162 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