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Patna High CourtCR. MISC./35545/2015dismissed

Uma Devi v. The State Of Bihar

2015-10-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35545 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -MANSI District- KHAGARIA ======================================================

1. Uma Devi wife of Panchu Mandal resident of Village -Saidpur, P.s Mansi,District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikhil Kumar Agrawal For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-10-2015 Heard both sides.

The petitioner apprehends her arrest in a case under Section 304B, 201/34 of the Indian Penal Code. The father of the deceased made allegation that his daughter was done to death due to non-fulfillment of demand of dowry.

The learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased and there is no specific allegation against her. The post mortem report shows that the victim was 40 years old. The victim is still traceless and the case of the petitioner is that the victim fled away from her house after leaving her two children but from perusal of the records, it appears that earlier the victim filed a case against the petitioner and others

Patna High Court Cr.Misc. No.35545 of 2015 (3) dt.30-10-2015 2/2 making specific allegation that the petitioner brutally assaulted her and on such Women Commission issued summons to the petitioner and others. The case was compromised and thereafter the petitioner and other family members, including the husband of the deceased, took her to their house but immediately thereafter the deceased became traceless and dead body of a woman was recovered.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T