Buchiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46841 of 2017 Arising Out of PS.Case No. -258 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Buchiya Devi, Wife of Kallar Mandal, Resident of Village- Santnagar Fulkiya, P.S.- Ghogha, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioner apprehends her arrest in Kahalgaon (Ghogha) P.S. case No. 258 of 2016 for the offences punishable under Section 304B/34 of the Indian Penal Code. The informant alleged that he married his daughter with Ganesh Mandal two months ago. On the eve of marriage he gifted many articles but the husband and other in-laws of his daughter started subjecting her to different sorts of torture and they were saying that his daughter was not beautiful to remain in the house. The informant further alleged that the accused persons killed his daughter and threw her dead body by the side of railway track.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.46841 of 2017 (2) dt.09-11-2017 2/2 petitioner is mother-in-law of the deceased. During the course of investigation almost all the witnesses have stated that the deceased went by the side of railway track to attend the call of nature but she got injury by a train as she could not flee away from there while the train was passing through the track. The post mortem report also shows that deceased died of injury caused by hard and blunt object but it appears that father of the deceased made specific allegation that petitioner, being mother-in-law, and husband of the deceased were always torturing her. The deceased died in her matrimonial house within two months of her marriage. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T