Sheela Devi @ Aarti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65291 of 2019 Arising Out of PS. Case No.-340 Year-2019 Thana- DANAPUR District- Patna ====================================================== 1.

Sheela Devi @ Aarti Devi, W/o Sohan Rai, aged about 55 years, Female, Resident of Mainpura Kharanja Road, P.S.- Danapur, District- Patna. 2.

Sohan Rai S/o Sanujha Rai, aged about 58 years, Male, Resident of Mainpura Kharanja Road, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar, Adv.

For the Opposite Party/s :

Mr. Pancha Nand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Danapur P.S. Case No. 340 of 2019 registered under sections 304B, 201/34 of Indian Penal Code.

The allegation against the petitioners as per the first information report is that the petitioner no. 1 being mother-inlaw of the deceased tortured the deceased for demand of dowry of Rs. 5 lakh along with other family members and the informant learnt from the neighbour that on 01.05.2019 the daughter of the informant was killed for non-fulfillment of the dowry by the petitioners and their family members and the dead

Patna High Court CR. MISC. No.65291 of 2019(2) dt.05-11-2019 2/3 body of the deceased has been disposed by the petitioners. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as the entire family members have been made accused in this case. Learned counsel further submits that there is no specific allegation against the petitioners and other co-accused persons have been granted anticipatory bail by this Court in Criminal Miscellaneous No. 58211 of 2019, who was bhaisur and devar of the deceased. Learned counsel further submits that the husband of the deceased is in jail and has been granted regular bail by this Court in Criminal Miscellaneous No. 66229 of 2019. Learned counsel for the petitioners further submits that the petitioner no.1 is living separately from her son and the parties have compromised before the learned Court below, it would be evident from Annexure-2.

Having regard to the submission made by the parties and taking into consideration the fact that the marriage of the deceased was solemnized 5 years back and the daughter of the informant has been killed within 7 years of the marriage by the petitioners and other accused persons and the dead body of the deceased has been disposed and no reasonable justification has been given by the accused persons, I am not inclined to exercise

Patna High Court CR. MISC. No.65291 of 2019(2) dt.05-11-2019 3/3 my discretion to grant anticipatory bail.

This application is, accordingly, rejected.

(Anil Kumar Sinha, J) Anjula/- U