Deventi Devi @ Lali Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67102 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Deventi Devi @ Lali Devi W/O Krishna Chaudhary R/O Village- Meharpur, P.S- Fatehpur, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar For the State :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Fatehpur Police Station Case No. 197 of 2024, dated 05.04.2024, disclosing offences under Sections 304-B/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the marriage of the informant's sister was solemnized with co-accused Raju Kumar in the year 2021. After marriage the petitioner, along with other accused persons, started torturing and harassing the informant's sister mentally and physically for dowry and due to non-fulfillment of the demand of dowry,
Patna High Court CR. MISC. No.67102 of 2024(2) dt.21-10-2024 2/3 informant's sister was killed by the petitioner and other co-accused persons on 05.07.2024.
4. Learned Counsel for the petitioner submits thatthe petitioner is mother-in-law of the deceased (informant's sister) and has not committed any offence in the manner alleged. He next submits that allegation that the petitioner demanded dowry is not true and no specific allegation is there against her. He further submits that the deceased has committed suicide as she was in love with another person and her marriage was performed against her will. He also submits that the informant is not the own brother of the deceased and the parent of the deceased has not lodged complaint.
5. I have heard learned counsels for the parties and perused the materials available on record.
6. From perusal of the impugned order, it appears that within four years of marriage the deceased has an unnatural death died in her matrimonial home. The nature of the death is not important whether it is homicidal, suicidal or accidental, but the fact is that deceased has died an unnatural death within four years of her marriage. There is presumption against the accused persons under Section 113-A and 113B of the Evidence Act, 1872. The petitioner mother-in-
Patna High Court CR. MISC. No.67102 of 2024(2) dt.21-10-2024 3/3 law and there is allegation against her that she, alongwith others, demanded dowry from the deceased. Accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T