Bhawani Devi vs The State Of Bihar
2021 Latest Caselaw 3975 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL MISCELLANEOUS No.1440 of 2021
             Arising Out of PS. Case No.-683 Year-2019 Thana- BANKA District- Banka
      ======================================================

1. Bhawani Devi, (Female), aged about 55 years, wife of Anirudh Sah.

2. Chandan Shah @ Chandan Kumar Sah (Male), aged about 35 years.

3. Rohit Kumar @ Rohit Sah (Male) aged about 28 years, both sons of Anirudh Sah.

All resident of Village - Parghari, P.S.- Dhoriya, Dist.- Banka.

... ... Petitioner/s

Versus

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

      For the Petitioner/s    :        Mr. Md. Najmul Hodda, Advocate
      For the State           :        Ms Pushpa Sinha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis

of motion slip filed by learned counsel for the petitioners on

30.07.2021, which was allowed.

3. Heard Mr. Md. Najmul Hodda, learned counsel for

the petitioners and Ms. Pushpa Sinha, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. Learned counsel for the petitioners submitted that

the petitioner no. 3 has been arrested and he may be permitted to

withdraw the petition on his behalf. In view thereof, the petition

on behalf of petitioner no. 3, Rohit Kumar @ Rohit Sah, stands Patna High Court CR. MISC. No.1440 of 2021 dt.05-08-2021

disposed of as withdrawn and is restricted to petitioners no. 1

and 2, namely, Bhawani Devi and Chandan Sah @ Chandan

Kumar Sah.

5. The petitioners apprehend arrest in connection with

Banka (Barahat) PS Case No. 683 of 2019 dated 23.09.2019,

instituted under Sections 304-B/34 of the Indian Penal Code.

6. The petitioner no. 1 is the mother-in-law and

petitioners no. 2 and 3 are the brothers of the husband of the

deceased. The allegation against them is of being party to killing

her as the body was found in a pond.

7. Learned counsel for the petitioners submitted that

they are separate in mess and residence and have no connection

with any foul play, if at all, it has taken place. It was submitted

that the marriage took place six years prior to the incident and

there are two minor children also born out of the wedlock and,

thus, there was no occasion to commit such crime. Further, it

was submitted that in the past there has been no complaint

before any authority, though it has been mentioned in the FIR

that there was demand for dowry and the victim was tortured,

but without any supporting material. Learned counsel submitted

that the pond was of the temple in the village and the deceased

may have slipped and fallen in the pond leading to her death by Patna High Court CR. MISC. No.1440 of 2021 dt.05-08-2021

drowning, but there was no foul play, much less by the

petitioners. It was submitted that the husband of the deceased is

in custody since 23.09.2019. It was further submitted that the

petitioners have no other criminal antecedent.

8. Learned APP submitted that the circumstances

indicate the involvement of the petitioners and it appears that a

crime was committed for the reason that they were family

members of the deceased living in the same house and if the

deceased had gone somewhere and had not returned, it was their

duty to look for her or to intimate the police that she was

missing and the informant, who lives somewhere else was

informed at 11.00 AM and thereafter when he came, the body

was still lying in the pond, which indicates that the petitioners

were either totally not bothered or because of their role, had not

intimated any authority. It was submitted that the natural

conduct of a person would be that if any person of the

household is missing, they would look for the person and would

also inform the authorities, but in the present case, the victim

having been out of the house for a long period and the body

found in the village pond near the temple, it cannot be accepted

they were unaware of such development for the reason that the

informant came to know at 11.00 AM and then it must have Patna High Court CR. MISC. No.1440 of 2021 dt.05-08-2021

been taken some time for him to reach the village and when he

came the body was still lying in the pond which clearly shows

that the family of the husband of the deceased have much to

explain as she was living in the matrimonial home.

9. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds substance in the contention of learned APP. The

conduct of the petitioners, as has been submitted by learned

APP, does not inspire confidence with regard to their innocence.

10. For reasons aforesaid, the Court is not inclined to

grant pre-arrest bail to the petitioners.

11. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T