IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.4457 of 2011
Kalwatiya Devi ... ...... Petitioner
Versus
The State of Jharkhand .... ... .... ... Opp. Party
with
B.A. No.4466 of 2011
Santosh Mandal ... ...... Petitioner
Versus
The State of Jharkhand .... ... .... ... Opp. Party
CORAM: HON'BLE MR. JUSTICE D.N. UPADHYAY
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For the Petitioners : Mr. P.C. Sinha, Advocate
For the Opp. Party : A.P.P.
03 /29.07.2011
Heard learned counsel for the parties.
Petitioners are accused in a case registered under Section 304(B)/34 of the
Indian Penal Code in connection with B.T.P.S. P.S. Case No.10 of 2011, corresponding
to T.R. Case No.486 of 2011 which is pending in the Court of learned A.C.J.M. at
Tenughat.
It is alleged in the First Information Report that Gudia Devi was subjected to
torture and treated with cruelty by her husband and in-laws for want of Rs.2 lakhs. A
sum of Rs. 50,000/- was paid after which the life of Gudia Devi became normal for
some time but again she experienced same behaviour. On 06.02.2011 Gudia Devi
died due to poisoning.
It is submitted that the demand of Rs.2 lakhs was made by the husband and
the petitioners are innocent and they have committed no offence. It is further
submitted that no specific allegation against any of the petitioners has been levelled.
Cause of death has been kept reserved by the doctor who conducted autopsy and
report of F.S.L. has not yet been received. Under these circumstances the petitioners
may be granted bail.
Learned counsel for the State opposed the prayer for bail and drawn my
attention towards P.M. report and evidences collected in the case diary.
The P.M. report indicates that the deceased was having injuries on her neck
and near the mouth which suggests that poison was administered to her. It appears
that a bride lost her precious life within two years of her marriage.
Considering aforesaid aspects of the matter, I am not inclined to enlarge the
petitioners on bail. Accordingly, the prayer for bail of the petitioners stands rejected.
(D.N. Upadhyay, J)
NKC