Marachhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11609 of 2017 Arising Out of PS.Case No. -74 Year- 2016 Thana -ASSAON District- SIWAN ======================================================

1. Marachhiya Devi W/o Kanhaiya Chauhan Resident of Village - Kharadra Noniya Tola, P.S. - Aasoan, District - Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioner seeks bail in Assaon P.S. case No. 74 of 2016 under Section 304B/34 of the Indian Penal Code. The father of the deceased stated that he married his daughter, Rangita, with Raju Chauhan on 26.04.2016 but immediately after marriage Raju Chauhan, his father, Kanhaiya Chauhan, and mother Marachhiya Devi, the petitioner, began to demand additional dowry and started subjecting his daughter to physical and mental torture. The informant made all efforts to assure the accused persons to keep his daughter properly but on 22.07.2016, at about 9 in the night, the informant got information that his daughter was killed. On such information, he went there and found dead body of his daughter lying and the accused

Patna High Court Cr.Misc. No.11609 of 2017 (3) dt.08-04-2017 2/2 persons were not present in the house.

The learned counsel for the petitioner submits that petitioner is mother-in-law of the deceased and no specific allegation is made against her. The husband is already in jail. It is further submitted that the deceased herself committed suicide as she was not happy with her marital relation with her husband on account of her relation with someone else and that is why she committed suicide.

The learned Additional Public Prosecutor vehemently opposed the prayer for bail.

It appears that almost all the witnesses have stated that petitioner and others, including husband and father-in-law, killed the deceased by strangulating her. The deceased was killed within three months of her marriage in her matrimonial house. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T