Fulmati Devi vs The State Of Bihar
2021 Latest Caselaw 2047 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.33980 of 2020
          Arising Out of PS. Case No.-16 Year-2020 Thana- MADHAURAH District- Saran
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1. Fulmati Devi, aged about 61 years, (Female), W/o Shankar Mahto,

2. Rekha Devi, aged about 20 years (Female), W/o Murai Mahto,

3. Murari Mahto, aged about 25 years (Male), S/o Shankar Mahto.

All R/o village- Rampur- Khorampur, P.S.- Marhaura (Madhaura), Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the State : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-05-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vijay Kumar, learned counsel for the

petitioners and Mr. Nagendra Prasad, learned Additional Public

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

3. The petitioners apprehend arrest in connection with

Marhaura (Madhaura) PS Case No. 16 of 2020 dated

08.01.2020, instituted under Section 304-B of the Indian Penal

Code.

4. The allegation against the petitioners is of killing

the daughter of the informant, who was the daughter-in-law of

the petitioner no. 1.

Patna High Court CR. MISC. No.33980 of 2020 dt.20-05-2021

5. Learned counsel for the petitioners submitted that

the petitioner no. 1 is the mother-in-law, petitioner no. 3 is the

son of the petitioner no. 1 and the petitioner no. 2 is wife of

petitioner no. 3. It was submitted that the petitioners have no

connection with the matrimonial affairs of the deceased and

whatever happened was between the couple. It was submitted

that the petitioners have no criminal antecedent. Learned

counsel submitted that the allegation is general and omnibus of

demanding dowry and all the family members have been made

accused.

6. Learned APP, from the case diary, submitted that

many witnesses have supported the prosecution story, including

the local villagers. It was submitted that it has come that the

deceased was tortured for dowry and further, that the petitioners'

side tried to secretly burn the body, but the informant had come

with the police and the body was sent for postmortem. It was

submitted that the postmortem report also supports the fact of

strangulation as marks have been found on the neck and there

was darkening of the lips. Learned counsel submitted that the

petitioners living in the matrimonial home and death occurring

in the manner it has, in the matrimonial home, clearly indicates

that the petitioners had a role in the incident.

Patna High Court CR. MISC. No.33980 of 2020 dt.20-05-2021

7. Having considered the facts and circumstances of

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

Court is not inclined to grant pre-arrest bail to the petitioners.

8. Accordingly, the application stands dismissed.

Interim protection given to the petitioners under order dated

13.04.2021 stands vacated.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T