Chaneshwar Rai @ Chaneshar Rai @ Chandeshar Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24680 of 2016 Arising Out of PS.Case No. -332 Year- 2015 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Chaneshwar Rai @ Chaneshar Rai @ Chandeshar Rai Son of Late Shobhit Rai

2. Lallo devi @ Lalo Devi Wife of Chandeshwar Rai Both Resident of village- Naya Tola, Raghopur, Police Station- Bakhtiyarpur, District- Patna .... .... Petitioners

Versus

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

For the Petitioners : Mr. Prem Kumar, Advocate.

For the Opposite Party : Ms. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition on behalf of petitioner no. 1 Chaneshwar Rai @ Chaneshar Rai @ Chandeshar Rai as he has already been arrested.

Prayer is allowed.

The anticipatory bail petition on behalf of petitioner no. 1 Chaneshwar Rai @ Chaneshar Rai @ Chandeshar Rai is dismissed as has become infructuous.

The petitioner no. 2 Lallo devi @ Lalo Devi apprehends her arrest in Bakhtiyarpur P.S. Case No. 332 of 2015, registered for the offences punishable under Sections 304B, 201 and 34 of

Patna High Court Cr.Misc. No.24680 of 2016 (4) dt.23-11-2016 2/3 the Indian Penal Code.

The informant alleged that his sister Puja Devi was married to Rakesh Rai of village Nayatola, Raghopur, Bakhtiyarpur in the year 2014, but immediately after marriage father-in-law Chaneshwar Rai @ Chaneshar Rai @ Chandeshar Rai, petitioner no. 1, mother-in-law Lallo devi @ Lalo Devi, petitioner no. 2, sister-in-law and Rakesh Rai, the husband of the deceased, started torturing her. They were demanding additional dowry of Rs. 2 lakhs and a motorcycle. On 07.11.2015, Gita Devi, another sister of the informant, informed the informant about illness of Puja Devi, the deceased. On search none was found and the dead body of the deceased was found by the bank of the river. Learned counsel for the petitioner submits that the petitioner no. 2 Lallo devi @ Lalo Devi is mother-in-law of the deceased.

The petitioner is living separately from her son and she has no manner of concern with the family affairs of Rakesh Rai and his wife but, it appears that the victim was married one year ago with Rakesh Rai and immediately after marriage the informant made specific allegation against the petitioner that the deceased was tortured by her in-laws due to non-fulfillment of additional demand of dowry. It appears from perusal of the F.S.L. report that the deceased was poisoned to death.

Patna High Court Cr.Misc. No.24680 of 2016 (4) dt.23-11-2016 3/3 Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T