High Court Patna High Court - Orders

Malti Devi vs State Of Bihar on 24 June, 2011

Patna High Court – Orders
Malti Devi vs State Of Bihar on 24 June, 2011
             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
                                *********

FOR THE PETITIONER :- MR. SATYAVRAT VERMA, ADVOCATE
FOR THE S T A T E :- MR. JHARKHANDI UPADHYAY, A.P.P.

**********

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. )