Anju Devi @ Anju Kumari And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11586 of 2015 Arising Out of PS.Case No. -113 Year- 2014 Thana -DORIGANJ District- SARAN ======================================================
1. Anju Devi @ Anju Kumari wife of Saroj kumar Singh@ Tutu Singh
2. Nitu Kumari@ Salu Daughter of Binay Kumar Singh Both Resident of Village- Rasalpura, P.S.- Doriganj, District- Saran at Chapra(Bihar)
3. Alka Kumari Daughter of Krishna Singh
4. Anand Kumar Singh@ Jhunjhun Son of Krishna Singh Sl. No. 3 & 4 are Resident of Village- Bagheji, P.S- Fefna, DistrictBalia(U.P) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Satyavrat Verma(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners and the State.
The petitioners being the brother's wife, niece, sister's daughter and son of the husband of the victim are apprehending their arrest in a case registered for the offences punishable under Sections 498A, 120B, 304B/34 of the Indian Penal Code.
Accusation is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand. It is alleged that prior to the death the victim informed her brother about the torture being made to her since he has no issue.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.11586 of 2015 (2) dt.20-03-2015 petitioners that petitioner no.
is physically handicapped, petitioner no. 2 is unmarried girl and petitioner nos. 3 and 4 are the sister's daughter and son of the victim's husband and are resident of Balia in U.P. The post-mortem reflects no internal or external injury. The Doctor failed to ascertain the cause of death hence, viscera has been preserved. It is further submitted that the victim was being treated as she failed to conceive for three years after marriage and on the alleged date of occurrence as per the own admission of the informant the victim was taken to hospital to provide medical assiatance.
Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Doriganj P.S. Case No. 113 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T