Patna High Court - Orders
Rita Devi & Anr vs The State Of Bihar on 16 January, 2017
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55748 of 2016
Arising Out of PS.Case No. -320 Year- 2016 Thana -AURANGABAD TOWN District-
AURANGABAD
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1. Rita Devi, W/o Yogendra Mehta.
2. Yogendra Mehta, Son of Jit Bahan Mehta.
Both residents of Village Kiya Khap, P.S. Rafiganj, District-
Aurangabad (Bihar).
.... .... Petitioners.
Versus
The State of Bihar.
.... .... Opposite Party.
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Appearance :
For the Petitioners : Mr. Amrendra Kumar Singh, Advocate.
For the For the State : Mr. Murlidhar, A.P.P.
For the Informant : Mr. Santosh Kumar Pandey, Advocate.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
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2 16-01-2017Heard learned counsel for the petitioners and the learned A.P.P. for the State as also the learned counsel for the informant.
The petitioners apprehend their arrest in connection with Aurangabad (Town) P.S. Case No.320 of 2016 registered under Sections 304(B)/34 of the Indian Penal Code.
The accusation is that the marriage of Guriya Devi, the daughter of the informant, was performed with one Pravesh Mehta alias Nanka, in the year 2006 but she was being tortured by her husband and in-laws for non fulfillment of the dowry demand. On 20.10.2016 at 11.00 A.M., Pravesh Mehta alias Nanka, informed the informant on mobile about the serious condition of his Patna High Court Cr.Misc. No.55748 of 2016 (2) dt.16-01-2017 2/3 daughter and asked him to come with family and disconnected the phone. Thereafter, the informant raised suspicion and asked on phone from the Sasural people of his brother at Baratpur and then he came to know that his daughter has been burnt to death by his Sasural people. The informant also came to know that his daughter was taken by Pravesh Mehta alias Nanka to the sasural house of his sister where she was killed by burning and her dead body was taken by Pravesh Mehta alias Nanka to his house. When the informant reached at the house of Pravesh Mehta alias Nanka, he found the dead body of his daughter in burning condition at the Verandah. It is also alleged that the daughter of the informant had two sons and two daughters and the informant also raised suspicion about killing of his daughter by her in-laws due to non fulfillment of the dowry demand by burning to her.
Learned counsel appearing on behalf of the petitioners submit that the petitioner no.1 is the sister-in-law (Nanad) whereas petitioner no.2 is brother-in-law (Nanadosi) of the deceased, the daughter of the informant, and they have no concern with the family affairs of the husband of the deceased but with an ulterior motive, they have also been implicated in this case by the informant.
Having considered the facts and the circumstances of the Patna High Court Cr.Misc. No.55748 of 2016 (2) dt.16-01-2017 3/3 case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Aurangabad (Town) P.S. Case No.320 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./-
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