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Dhandai Devi @ Dhandei Devi and Anr. v. The State Of Bihar

Patna HC14 Dec 2018CR. MISC./67851/2018

Case brief

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What is this about?

In a case involving anticipatory bail, the Patna High Court released the deceased victim's mother and brother on bail with bonds and sureties in a Section 304B dowry death prosecution, staying arrest or surrender for twelve weeks.

What did the court decide?

Petitioners granted anticipatory bail; to surrender within twelve weeks or arrest and surrender at Additional Chief Judicial Magistrate XIII, Saran, Chapra.

Dhandai Devi @ Dhandei Devi and Anr. Vs The State Of Bihar — Dowry and Cruelty | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.67851 of 2018

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Arising Out of PS. Case No.-226 Year-2018 Thana- MADHAURAH District- Saran

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======================================================

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1. Dhandai Devi @ Dhandei Devi, Wife of Darshan Mahto, 2. Munna Mahto, Son of Darshan Mahto, Both resident of VillageNarharpur Basantpur, P.S.- Marhowrah, District- Saran at Chapra.

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... ... Petitioner/s

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Versus

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The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 14-12-2018

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Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners, being the mother and brother of the husband of the victim, are apprehending their arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

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The prosecution case as per the fardbeyan of Raj Kumari Devi recorded by A.S.I., Surendra Bhagat, Bhagwan Bazar P.S. on 23.05.2018 at 3.45 P.M. is to the effect that the sister-in-law (Nanad) of the informant was married with Ishwar Mahto in the year, 2014 and subsequently, they were

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Patna High Court Cr.Misc. No.67851 of 2018(2) dt.14-12-2018 2/3

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blessed with a son, but subsequent to the marriage further dowry demand of Rupees fifty thousand was made and due to the non-fulfillment of the same, torture was inflicted upon her and ultimately she was set on fire by the accused persons. Though, the victim was taken to Primary Health Centre, Marhowrah but she ultimately died in Sadar Hospital, Chapra.

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It is submitted by learned counsel for the petitioners that from bare perusal of the FIR it appears that the thrust of accusation is against the husband of the victim. Petitioners claim to be separate from the husband of the victim and that the victim died due to accidental burn injury.

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Learned APP submits that the petitioners are named in the FIR.

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Considering the thrust of accusation against the husband of the victim, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXIII, Saran at Chapra in connection with Marhowrah P.S. Case

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Patna High Court Cr.Misc. No.67851 of 2018(2) dt.14-12-2018 3/3

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No. 226 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Dhandai Devi @ Dhandei Devi and Anr. v. The State Of Bihar

Case brief

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Dhandai Devi @ Dhandei Devi and Anr. v. The State Of Bihar

Case brief

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