Indu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69690 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== 1.

Indu Devi W/o Sanjay Mandal 2.

Bibha Devi W/o Sankar Mandal 3.

Dilkhush Kumar S/o Sankar Mandal All resident of Village- Dumaria Khurd Jagriti Tola, P.S.- Parbatta, District- Khagaria.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-12-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Parbatta P.S. Case No. 15 of 2019 registered for the offences punishable under Sections 304(B), 364, 201/34 of the Indian Penal Code.

Petitioner no. 1 happens to be married NANAD, petitioner no. 2 happens to be mother-in-law and petitioner no. 3 happens to be younger brother-in-law of the deceased.

Patna High Court CR. MISC. No.69690 of 2019(9) dt.17-12-2020 2/3 Although, petitioners are named in the first information report but no specific overt-act has been attributed against them and general and vague allegation of demand of dowry has been levelled against the petitioners.

Learned counsel appearing for the petitioners submits that according to prosecution case itself, the marriage of deceased had taken place with co-accused Manish Mandal five years ago and after marriage deceased gave birth to two children out of the aforesaid wedlock. Learned counsel of the petitioners further submits that aforesaid fact goes to show that deceased was leading her married life happily and peacefully. He further submits that as a matter of fact, due to some petty family dispute deceased might have committed suicide. Learned counsel of the petitioners further points out that moreover, husband of the deceased has already surrendered before the court below.

Patna High Court CR. MISC. No.69690 of 2019(9) dt.17-12-2020 3/3 learned Chief Judicial Magistrate, Khagaria in Parbatta P.S. Case No. 15 of 2019, G.R. No. 82 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) shahzad/- U T