Pintu Rajbanshi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55327 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Pintu Rajbanshi , Son of Sri Parikha Rajbanshi.

2. Dharniya Devi, Wife of Sri Parikha Rajbanshi. Both Resident of Village-Ismilepur, Police Station-Mehandia in the District of Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 29-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mehandia P.S. Case No.51 of 2016 registered under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of torturing the deceased, the daughter of the informant, and burnt her to death, after seven years of her marriage, due to non fulfillment of the dowry demand, by her husband and inlaws. Learned counsel appearing on behalf of the petitioners submits that the petitioner no.1 is Dewar whereas the petitioner no.2 is the mother-in-law of the deceased, the daughter of the informant. In

Patna High Court Cr.Misc. No.55327 of 2017 (2) dt.29-11-2017 2/2 fact, the deceased, the daughter of the informant, used to reside separate with her husband in a hut. In course of cooking the meal, the deceased, the daughter of the informant, sustained burn injury and she was rushed to the hospital for treatment. Thereafter, Raktu Rajbanshi, the husband of the deceased, gave information to the informant but with an ulterior motive, the present case has been lodged by the informant. Further submission is that due to sustaining burn injury by the deceased, the daughter of the informant, in a hut, the huts of the neighbours also burnt at that time. Moreover, Raktu Rajbanshi, the husband of the deceased, the daughter of the informant, is already in judicial custody. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Mehandia P.S. Case No.51 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T