Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72766 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Kiran Devi W/O Amit Singh R/O Village- Sakari, P.S.- Kudra, DistrictKaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State.

2. This application, for grant of anticipatory bail, arises out of Kudra Police Station Case No. 203 of 2024, dated 19.06.2024, registered for the offences punishable under Sections 304-B/34 of the Indian Penal Code.

3. The prosecution case, as per the First Informant Report, is that on 18.06.2024, at about 07 PM in the evening, the petitioner, along with other co-accused persons, killed the daughter of the informant by pressing her neck due to non-fulfillment of the demand of one Apache motorcycle as dowry.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.72766 of 2024(2) dt.12-11-2024 2/3 this case with ulterior motive. He further submits that the deceased was a short-tampered lady and she had committed suicide. He next submits that the petitioner is separate in mess and property and she has got no concern with the day to day life of the deceased and/or her husband. He further submits that the petitioner is the mother-in-law of the deceased and the husband of the deceased is already in custody.

5. On the other hand, learned Additional Public Prosecutor vehemently opposed the prayer for bail and submits that within one year of the marriage, the deceased was killed by her in-laws and the petitioner for demand of dowry.

6. I have heard learned counsel for the parties and have gone through the materials on record including the impugned order.

7. Within one year of the marriage, the informant's daughter died an unnatural death in her matrimonial home for dowry. The nature of death is not important whether it is natural, suicidal or accidental but the fact of the matter is that deceased died an unnatural death within one year of her marriage. There is a presumption against the accused persons under Section 113(A) and 113(B) of the Evidence

Patna High Court CR. MISC. No.72766 of 2024(2) dt.12-11-2024 3/3 Act. The offence is serious in nature and the punishment thereof is also serious.

8. Accordingly, I am not inclined to grant anticipatory bail to the petitioner.

9. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √