Prem Devi vs State Of Jharkhand on 14 November, 2011

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Jharkhand High Court
Prem Devi vs State Of Jharkhand on 14 November, 2011
                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             B.A. No.6133 of 2011

          Prem Devi                                       .....   Petitioner
                                     Versus
          The State of Jharkhand                          ....      Opposite Party

          CORAM:         HON'BLE MR. JUSTICE H.C. MISHRA

          For the Petitioner         :      Mr. Nilesh Kumar
          For the State              :      A. P.P.

                                  -----
5/14.11.2011

Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.

Petitioner has been made accused for the offence under Sections 498A,
326 and 307 and 304B of the Indian Penal Code and 3 / 4 of the Dowry Prohibition
Act, in connection with Telco P.S. Case no.01 of 2011, corresponding to G.R.
No.01 of 2011.

The petitioner is the mother-in-law of the deceased and there is allegation
against the petitioner and the father-in-law to have subjected the deceased to
cruelty and torture for demand of dowry and to have committed her dowry death.

From the FIR, it appears that the husband of the deceased had informed
the informant, who is the father of the deceased, that his father and mother had
committed the offence. From the FIR, it also appears that when the informant
reached the hospital, he found his daughter in burnt condition and the children
were crying, saying that their grand father and grand mother had brunt their
mother.

Learned Counsel for the petitioner submitted that petitioner has been
falsely implicated in this case, stating that prior to the occurrence, the husband of
this petitioner filed a case on the husband of the deceased and after that they
were living separately and as such, the petitioner has been falsely implicated in
this case. Learned counsel has accordingly prayed for bail.

In the facts and circumstances of the case, particularly in view of the fact
that there is direct allegiant against this petitioner to have committed the dowry
death of the deceased by burning her, I am not inclined to release the petitioner
Prem Devi on bail. Accordingly, prayer for bail stands rejected.

(H. C. Mishra, J)
R.Kumar

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