Dismissed

Manni Devi @ Manni Sinha v. The State of Bihar

Patna HC4 Sept 2024CR. MISC./57101/2024

Case brief

AI extract

What is this about?

This order dismisses anticipatory bail applications filed by the father and mother-in-law of a deceased woman. The High Court found an unnatural death near the end of the marriage involving dowry demands and invoked Section 113-A of the Evidence Act to deny bail.

What did the court decide?

Application for anticipatory bail dismissed; the petitioners are not granted the privilege of anticipatory bail.

Manni Devi @ Manni Sinha Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56996 of 2024

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Arising Out of PS. Case No.-169 Year-2024 Thana- JANDAHA District- Vaishali

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====================================================== Nagendra Singh

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== with CRIMINAL MISCELLANEOUS No. 57101 of 2024

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Arising Out of PS. Case No.-169 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Manni Devi @ Manni Sinha

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... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 56996 of 2024) For the Petitioner/s : Mr. Priyesh Kumar For the Opposite Party/s : Mr. Rajesh Kumar (In CRIMINAL MISCELLANEOUS No. 57101 of 2024) For the Petitioner/s : Mr. Priyesh Kumar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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... ... Opposite Party/s

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ORAL ORDER

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2 04-09-2024 1. Heard learned Counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.

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2. This application, for grant of anticipatory bail, arises out of Jandaha Police Station Case No. 169 of 2024, dated 31.05.2024, disclosing offences under Sections 304-B/34 of the Indian Penal Code.

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Patna High Court CR. MISC. No.56996 of 2024(2) dt.04-09-2024 2/3

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3. The prosecution case, as per the First Information Report, is that the informant solemnized the marriage of his daughter with co-accused Chandan Kumar in the year 2021. After marriage the petitioners, alongwith other accused persons, started demanding four wheeler as dowry and due to non-fulfillment of the demand, the daughter of the informant was killed on 30.05.2024.

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4. Learned counsel for the petitioners submits that the petitioner in Cr. Misc. 56996 of 2024 is father-in-law and petitioner in Cr. Misc. 57101 of 2024 is mother-in-law of the deceased. He next submits that deceased has committed suicide and the allegation that the petitioners have killed the deceased is false.

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5. I have heard learned counsels for the parties and perused the materials available on record.

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6. From perusal of the impugned order, it appears that within three years of marriage the deceased has died in her matrimonial home. The nature of the death is not important whether it is homicidal, suicidal or accidental, but the fact is that deceased has died an unnatural death within 07 years of her marriage. There is presumption against the accused persons under Section 113-A and 113-

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Patna High Court CR. MISC. No.56996 of 2024(2) dt.04-09-2024 3/3

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B of the Evidence Act, 1872. The petitioners, being inlaws of the deceased, demanded dowry from her, accordingly, I am not inclined to grant the petitioners the privilege of anticipatory bail.

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7. The bail application is, accordingly, dismissed.

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(Anil Kumar Sinha, J)

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ashwani/-

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U T

Manni Devi @ Manni Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Manni Devi @ Manni Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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