Rinku Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49611 of 2017 Arising Out of PS.Case No. -93 Year- 2017 Thana -BHELDI District- SARAN ======================================================
1. Rinku Devi, Wife of Pankaj Singh,
2. Ram Awlesh Singh, Son of Late Ram Balak Singh, Both are Resident of Village+ P.S.- Bheldi, District- Saran at Chapra. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Madhura Nand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Bheldi P.S. Case No. 93 of 2017 for the offences punishable under sections304 (B) and 201 read with section 34 of the I.P.C.
Wiktoria Devi, the daughter of the informant, was married to Deepak Singh on 10.03.2015. The behavior of husband was not good and she was being tortured for dowry and ultimately she was killed and her dead body was found in the well. Submission is of false implication and that petitioner no.1 is Gotni and petitioner no.2 is old father-in-law having no connection with the deceased and her husband, the deceased always used to quarrel with her husband and she was not liking to
Patna High Court Cr.Misc. No.49611 of 2017 (3) dt.15-12-2017 2/2 live in her in-laws house and ultimately she became traceless and later on her dead body was found in the well, she has committed suicide due to behavior of her husband, the petitioners have got no concern and as such they deserve sympathetic consideration. In the postmortem report also cause of death is Asphyxia due to drowning.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.
In the facts and circumstances stated above, considering that in the case diary vide paragraphs- 11 to 15 it has come that the deceased went away from her in-laws house as she was not liking to live in her in-laws house, the relation between the deceased and her husband was not good, in the postmortem report cause of death has been found Asphyxia due to drowning and as such the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M, Saran at Chapra in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T