IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.30881 OF 2008
MALTI DEVI, WIFE OF PARAS NATH TIWARI, RESIDENT OF VILLAGE
MADEHPURA, POLICE STATION HATHAURI, DISTRICT MUZAFFARPUR
VERSUS
THE STATE OF BIHAR
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FOR THE PETITIONER :- MR. SATYAVRAT VERMA, ADVOCATE
FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P.
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2 24/06/2011 Heard Counsel for the petitioner and the A.P.P.
appearing on behalf of the State.
This application has been filed challenging the
order dated 23.05.2008 passed in Hathauri Police Station
Case No. 116 of 2007 (Trial no. 2810 of 2008) by which
the Chief Judicial Magistrate, Muzaffarpur has taken
cognizance for the offences alleged to have been
committed under Section 302 and 201 of the Indian
Penal Code.
Learned Counsel for the petitioner pointed out
that the petitioner who is the mother-in-law of the
deceased lady had instituted a U.D. Case when she found
that her daughter-in-law was burnt to death. It is said
that this petitioner had gone to attend a wedding
ceremony in the neighbourhood when the occurrence is
said to have taken place. Later on, post mortem was
conducted, which indicates that the lady had died due to
strangulation. 4 years after the preparation of the post
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mortem report, the case was instituted under Section 302
of the Indian Penal Code against the petitioner and all the
other in-laws of the deceased lady including the
husband. It is submitted that during investigation, it
transpired that the other family members of the deceased
lady including her husband lived at Delhi and as such,
the case under Section 302 of the Indian Penal Code was
found to be ‘not true’ against them. The petitioner was
the only person who was accused in this case.
Counsel for the petitioner submits that on
perusal of the case diary, there is no material to indicate
that the petitioner was present when the occurrence is
said to have occurred. It has been reported that she was
away from her house and was attending a marriage
ceremony in the neighbourhood. It is also submitted that
the mother and other family members of the deceased
lady had filed no complaint against the mother-in-law,
which indicates that they did not raise any suspicion
regarding the manner of death of the deceased lady. In
these circumstances, Counsel for the petitioner submits
that there are insufficient materials against the petitioner
to send her up for the trial.
These aspects of the matter should be
considered by the Court below who will pass a reasoned
order discussing all the circumstances surrounding the
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occurrence and the materials in the case diary which
would indicate the involvement of this petitioner in the
alleged crime.
This application is disposed of with liberty to
the petitioner to raise these issues at the time of framing
of the charges, if not already framed.
Anand ( Sheema Ali Khan, J. )