Bichiya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21841 of 2017 Arising Out of PS.Case No. -474 Year- 2016 Thana -MASAURHI District- PATNA ======================================================

1. Bichiya Devi Wife of Chana Rai.

2. Chana Rai, Son of Late Jagat Rai. Both are Resident of Village- Bairiya, Sampatchak, P.S.- Gopalpur, District- Patna.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha For the State : Mr. Sanjay Kumar Tiwary For the informant : Mr. Jainendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-08-2017 Heard leaned counsel for the petitioners, learned counsel appearing on behalf of informant and the leaned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Masaurhi P.S. Case No. 474 of 2016, registered under Section 304(B)/34 of the Indian Penal Code and 3 /4 of the Dowry Prohibition Act, pending in the court of the S.D.J.M., Masaurhi.

The allegation of informant Bharat Rai is that he performed the marriage of his daughter Khusbu Kumari with Raj Nandan Yadav, son of the petitioners. After sometime, his daughter was being tortured due to non-fulfillment of demand of dowry regarding which a case was registered in Mahila Police

Patna High Court Cr.Misc. No.21841 of 2017 (3) dt.31-08-2017 2/3 Station, Patna due to that reason his daughter was removed from her matrimonial house snatching her child before one month, but he sent back to his daughter at her matrimonial house. Before 10 days, he came to know that his daughter is missing. When he reached at the matrimonial house of his daughter, then he was abused by in-laws of his daughter. In the meantime, he came to know that dead body of a girl is lying in filed at Masaurhi, then he went to Masaurhi Police Station and identified the dead body of his daughter.

Learned counsel for the petitioners submits that petitioners are mother-in-law and father-in-law of the deceased and both the petitioners used to reside separately with the Raj Nandan Yadav, husband of the deceased.

On the other hand, learned counsel appearing on behalf of the informant submits that the dead body of daughter of the informant, who was at her matrimonial house, was found in paddy field and cause of death was asphyxia due to strangulation. Having considered the facts and circumstances of the case and the nature of offence, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, their prayer for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trail Court within four weeks and

Patna High Court Cr.Misc. No.21841 of 2017 (3) dt.31-08-2017 3/3 pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

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